[BLK_ATL335]

So I know I haven't posted much here, but I needed the outlet to vent . So I was in an accident on Friday and while I'm OK my car is not. I know I know, the car is only a material possession and can be replaced, but that saying does nothing for me. So initially I thought I was at fault as it was a rear-end collision, but little did I know. Turns out she planned the whole thing and I was a victim of the classic "swoop and squat". Now I'm out of my car and she's driving the hell out of her CR-V. This a warning to all you BMW drivers we are the unfortunate targets of schemes and hatred, but that's beside the point. Anyway now she is claiming she's injured (I know for a fact this is false... or at least not from the accident) and I have to fix my car. I do have one bright spot in this, the entire accident and majority of it's aftermath (i.e. saw our behaviors and actions post accident) was witnessed by a crossing guard who is more than willing to support me through this ordeal. Anyway, I bring this story to the Bimmer community to ask your opinions on necessary steps to take and prove she is indeed at fault.

Also, pics to follow.

[BLK_ATL335]

And to add insult to injury, her car is perfectly acceptable (circled areas are the only spots of damage).

[BMWUltimateDriv3r]

I'm sorry but were you not far enough back to avoid hitting her in a panic stop?

[idrift4wd]

OF COURSE! you should take legal actions! why accept getting scammed?

[marshall834]

Man, sorry to hear about that.

From my understanding, most states automatically assume the person is 100% at fault for rear end collisions as "you can always follow a little less closer." What did the witness see? If the guard can collaborate your story I'm sure the courts will at a minimum hear your story without doubt.

How did you find out she was scamming you?

[onebadmofo]

This is why I spent $300 for a decent dashcam...

[Joe-]

Originally Posted by BLK_ATL335

So I know I haven't posted much here, but I needed the outlet to vent . So I was in an accident on Friday and while I'm OK my car is not. I know I know, the car is only a material possession and can be replaced, but that saying does nothing for me. So initially I thought I was at fault as it was a rear-end collision, but little did I know. Turns out she planned the whole thing and I was a victim of the classic "swoop and squat". Now I'm out of my car and she's driving the hell out of her CR-V. This a warning to all you BMW drivers we are the unfortunate targets of schemes and hatred, but that's beside the point. Anyway now she is claiming she's injured (I know for a fact this is false... or at least not from the accident) and I have to fix my car. I do have one bright spot in this, the entire accident and majority of it's aftermath (i.e. saw our behaviors and actions post accident) was witnessed by a crossing guard who is more than willing to support me through this ordeal. Anyway, I bring this story to the Bimmer community to ask your opinions on necessary steps to take and prove she is indeed at fault.

Also, pics to follow.

Get a lawyer, talk to your insurance company, Stop tailgating.

[chromisdesigns]

Did you call the cops?

Tell your insurance company what happened and let them take it from there. At worst, you are out your deductible. This happened to me a number of years ago, some pimp and his two pregnant whores pulled this one on New York Avenue coming out of DC in a beat-up old Chrysler. The cop who responded had enough sense to make them open the trunk -- there were some old tires and some wood jammed in there to cushion the impact!

The women were out of the car immediately moaning and groaning about their backs. I called the insurance co, told them what happened, and they pulled a copy of the police report. Had to pay the deductible, but no ding on my record and ins. company chased the frauds out of town.

To the guy who asked about following too closely, that's not how this scam works -- they cut you off and jam on the brakes immediately. No chance you can avoid them, if they do it right.

[BLK_ATL335]

Originally Posted by BMWUltimateDriv3r

I'm sorry but were you not far enough back to avoid hitting her in a panic stop?

I thought I was traffic was moving at 30 mph. Not to mention the light was green and she had no one in front of her.

Originally Posted by idrift4wd

OF COURSE! you should take legal actions! why accept getting scammed?

Word.

Originally Posted by marshall834

Man, sorry to hear about that.

From my understanding, most states automatically assume the person is 100% at fault for rear end collisions as "you can always follow a little less closer." What did the witness see? If the guard can collaborate your story I'm sure the courts will at a minimum hear your story without doubt.

How did you find out she was scamming you?

Yea I'm hoping that's the case. I found at she was scamming because of the way the situation played out. I know people who have done this.

Originally Posted by Andrey@AutoCouture

This is why I spent $300 for a decent dashcam...

Word. I had the same thought later that night. Some story with my radar detector and laser jammer. Lesson learned and looking now. Which do you have?

Originally Posted by Joe-

Get a lawyer, talk to your insurance company, Stop tailgating.

Yea, I'm letting the insurance and lawyer do their thing.

Originally Posted by chromisdesigns

Did you call the cops?

Tell your insurance company what happened and let them take it from there. At worst, you are out your deductible. This happened to me a number of years ago, some pimp and his two pregnant whores pulled this one on New York Avenue coming out of DC in a beat-up old Chrysler. The cop who responded had enough sense to make them open the trunk -- there were some old tires and some wood jammed in there to cushion the impact!

The women were out of the car immediately moaning and groaning about their backs. I called the insurance co, told them what happened, and they pulled a copy of the police report. Had to pay the deductible, but no ding on my record and ins. company chased the frauds out of town.

To the guy who asked about following too closely, that's not how this scam works -- they cut you off and jam on the brakes immediately. No chance you can avoid them, if they do it right.

Yea, I'm so glad someone understands the scenario. The crossing guard and I called the cops and they filed the report. Unfortunately, the crossing guard left before the cop came and the cop didn't wanna hear it. Put it this way, taking our stories take a fraction of the time it took him to write my ticket. I'm pretty sure the report is wrong, but I'll deal with that later.

[ska///235i]

this one time...I hit a car at 5-10 mph, they got out of the car and crawl onto the floor/street
cops came told them to get their asses back into the car and drive home....ROFL

[N 5 4]

Originally Posted by Andrey@AutoCouture

This is why I spent $300 for a decent dashcam...

Still searching for the right dashcam. I just got a hero2, but it doesn't record the way a looped camera's suppose to. I'm willing to give in and purchase an imitation DOD -enter model- dashcam.

I'll probably pull the trigger and get a decent one in a few weeks/months.

[Twin 2rbo]

I work for a large insurance company and hear this everyday. Worst case scenario is you're out your deductible and your company will have to pay some bodily injury claim.

Depending on the state your in, their injuries will be covered under their own auto policy (google nofault insurance).

Just stay calm and cooperate with your company. Don't get frustrated when they ask you questions - remember they work for you and the more you cooperate with them and the nicer they are to you the more willing they will be to help you!!

[mike-y]

Originally Posted by marshall834

Man, sorry to hear about that.

From my understanding, most states automatically assume the person is 100% at fault for rear end collisions as "you can always follow a little less closer."

I'd just like to point out that this is NOT true, and I'm living proof. A few years ago, a dude in a toyota pickup cut in front of me and slammed on the brakes to turn right into a 7-11. I couldn't stop and my integra went partially underneath his bed, and fuct up my hood. There was literally no visible damage to his truck

To make a long story short, after a while of arbitration, I was found 100% NOT at fault, and was refunded my deductible! (the other party was found 100% at fault). So if you have witnesses, you need to fight this!

[Bimmer Barney]

I didn't read all the above posts, but I am an insurance professional. Contact your State Department of Insurance ombudsmen. Fraud is the #1 issue in the industry, so it is not taken lightly. GL

[Joe-]

Originally Posted by BLK_ATL335

And to add insult to injury, her car is perfectly acceptable (circled areas are the only spots of damage).

You had to hit her pretty hard to do that much damage to your hood man.

Looks like you went under her bumper..

[sgtfury40]

If you think you are right, fight it. Tell your insurance company the truth. Not what you think is the truth. Insurance companies will fight this all day long. I'm attorney and know they will use any excuse to fight a claim (even when they shouldn't). If necessary, they will get you an attorney if you are sued. Your witness crossing guard can still act as a witness even if he left the scene. But remember you rear-ended her and your insurance company may settle with her even if you don't want them to. Most auto insurance policies give the rights to control litigation to the insurance companies. Also, don't say "word" anymore, especially if you get deposed. Makes you sound like your 12.

[eppisgood]

Hope next time that lady does it she's rear ended by a Hummer which sends her car flying off a cliff and kills her. One less piece of scum on this earth.

[ndog14]

Originally Posted by eppisgood

Hope next time that lady does it she's rear ended by a Hummer which sends her car flying off a cliff and kills her. One less piece of scum on this earth.

+1


As stated OP, fraud is fraud. Report it. Maybe you will get a reward from her insurance company!

JK.

Hope everything works out.

[TroyDeJ]

the front of a car always will show more damage in a crash than the rear. but storied like this really piss me off which is why i wouldnt mind getting a dash cam myself but im worried that it could be used against me for some reason

[chilled_fire]

Damn ! thats scary, need to check dash cams now.
Feel sorry for you , keep us updated .

[r3dbimmer89]

I've heard of these stories... people find a luxury car to cut off and slam on their brakes to get a fat insurance check in the end.... I always watch out for people trying to cut me off.

[Kolyan2k]

who gives a sh1t if he/she is injured, insurance supposed to pay for everything, injuries and both cars. it also has nothing to do with "luxury" cars.

you only might get screwed on points.