Terrible day - my 4-month-old car was smashed yesterday - Page 2 - 2004 to 2016 Mazda 3 Forum and Mazdaspeed 3 Forums
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post #11 of 26 (permalink) Old 08-24-2016, 06:00 PM
arathol
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Quote:
Originally Posted by EadzaM View Post
My suggestion is from years of driving, merging, and observing traffic flow, as well as any type of flow, say water flowing down a narrowing stream. The problem is driving schools don't teach how to merge - at all. Everyone is left to their own devices and preference. This individualized thinking, and emotion that comes with it, is the root of the problem. Let's just look at merging behavior of on-ramps onto congested freeways. Some people stop flow and try to get over as soon as possible, stopping traffic behind them. That's not dangerous? Whereas I, and most others, flow at merge speed and slide in when possible, using the full merge lane if needed, and try not to apply the brakes and impede the flow. Now some people will speed up and not let me in - and that's the problem. Am I being rude for using the full capacity of the space I'm allowed and trying to flow into traffic at a reasonable speed without needing to stop? It's a merge lane, not a stop lane. How am I cheating here?

Same thing with a lane closure. Use the maximum space you're allowed. You're assuming I'm the clown FLYING down the closing lane at full speed cutting everyone off. Not the case at all. Everyone in that lane was going with the flow to the end, just like water down a stream. It's the pebbles along the side of that stream - the cars that stop early to merge when there is still a mile of space left in front of them - that cause the turbulence and impede flow. My observation that I was safely able to get almost to the point of the stoppage proves my point really. Now I've never looked this up as I said, just my observations, but now I need to defend being called a jerk - indirectly of course. So I Googled "best way to merge for flow of traffic." I guess what I was talking about is "zipper merging" and this article is my best defense that I'm doing the RIGHT thing:

The beauty of zipper merging, or why you should drive ruder | Ars Technica

Of course, the internet is 100% correct, 70% of the time.



This is akin to Biff Tanner telling George McFly that he was responsible for the accident because he didn't tell him his car had a blind spot. Rule 1 of driving: you rear-end someone, it's your fault. Rule 2 of driving: well, you know. But you're right, it makes me very uneasy without a police report. But Maryland's policy is that they only file one with injury, death, DUI, and damaged cars that cannot be safely driving away. I was able to drive away - fortunately or unfortunately, I don't know yet.
My suggestions are from 30+ years of experience working on multilane highways, usually within feet of traffic flow. I have seen first hand what happens to those who decide not to merge early, and been involved in more than one accident caused by the same sort of poor driving skills. Driving schools around here do teach about workzones and the move over laws around here.
I'm not assuming anything. You said traffic was moving at normal speed so you must have been also?

Wouldn't you know it, the masses start moving to the right, even though traffic is still going at normal speed. I was able to stay on the left lane until just yards from the overturned HazMat truck

So even though everyone else merged as they should have to the right, you decided that because the left lanes were open you had the right to just go at normal speed right up to the closure. Once the lane was closed you had to either slow down and wait for someone to let you in or just force your way in. either way, bad move.
Sam Machkovech is not exactly an expert on traffic flow, workzone safety or any other thing related to it. He is a techno geek, a video game reviewer, a "culture reporter" whatever that is. Not really a reliable source of information. "Zipper merging" is a pie in the sky pipe dream that might work in a perfect world. In reality, it does not, can not and will not ever work.

Rule 1 of driving: you rear-end someone, it's your fault.
Not always. The guy could tell the insurance company the you cut ni front of him and stopped suddenly leaving him no room to stop safely. They may believe you, maybe not. You might also end up with split liability, with part of the cause being attributed to your actions. Depends on the insurance company and how bad they don't want to pay out a claim. That is why you need a definitive report from the police detailing what happened with statements from all involved, taken at the time of the accident. Once you leave the investigation to the insurance company, it is in their best interest to find reason to put the blame elsewhere and reduce or eliminate costly claim payouts.
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post #12 of 26 (permalink) Old 08-25-2016, 07:09 AM
seanc81
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Excuse my spelling, lol. I meant to say "CAR" lol....

I just found out that my damage is $10,500 and they are NOT going to write it off.

I have a great relationship with the dealer, I've sent them so much business so they've agreed to take the car back in Jan/Feb when the 2018 Mazda 3 comes out (as its scheduled to launch in Q1 next year). The 2017 is a short production run, so I'll wait. Remember, 2018 is a complete redesign.

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post #13 of 26 (permalink) Old 08-26-2016, 04:37 PM Thread Starter
EadzaM
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Quote:
Originally Posted by MeteorGray View Post
race in the lanes that will be obstructed up ahead in order to get in at the last moment expecting others already in line to make space. IMHO, to speed ahead of the line only to dart into any space that someone is willing to or forced to give up at the last moment is akin to cutting in line in front of others at a ticket counter.
My little side diatribe has created way too much dialogue on this matter. My own fault for bringing it up I guess. You guys are implying I'm "racing" and "speeding" and "darting" when I've never used those words. I did mention flow of traffic and that flow surprisingly took me that close to where all the lanes were stopped. I completely disagree that I'm cutting people off. I, too, dislike overly aggressive drivers. The first alert was four miles from the accident and you're telling me it's my duty and obligation to immediately move to the side of the open lanes, even though traffic on all four lanes were flowing normally? I just cannot buy that. I'm not cutting in front of anyone in line at the ticket counter. I just chose the fastest line to stand in. There's no universal rule and this lack of universality is the root of the problem. That is all I'm implying. Early merging vs late merging - two extremes that lead to inefficiently moving traffic and road rage.

Quote:
Originally Posted by arathol View Post
So even though everyone else merged as they should have to the right, you decided that because the left lanes were open you had the right to just go at normal speed right up to the closure. Once the lane was closed you had to either slow down and wait for someone to let you in or just force your way in. either way, bad move.

"Zipper merging" is a pie in the sky pipe dream that might work in a perfect world. In reality, it does not, can not and will not ever work.
Again, I'm not the only one in that lane. Let's think of the lanes as conveyor belts. Each lane slowed down appropriately with many cars pushing to the right - so the right lane was the slowest and densest and the left lane was the fastest and least dense. And when I say fastest, that's in relation to the others - not a dangerous 70 mph. I was in the far left lane with many other cars. We maintained safe speed, and without incident, made it as far as we did. We did nothing dangerous or wrong. No one honked. I just decided to stay on the fastest conveyor belt with the many other cars. By the time the far left lane had to stop because of complete congestion, we were miles ahead of where we would have been if we decided to merge immediately at that first sign. Again, two extremes - early vs late merging. But we safely maximized the surface area we were allowed and I just don't see why that's wrong and unsafe. How do you relieve congestion? By increasing surface area and improving flow. If anything, it's unsafe to merge early and cut people off when there's plenty of room in front.

Why wouldn't zipper merging work if it was taught from the onset of driving etiquette? How come we can patiently depart planes in an orderly row-by-row manner without ever being taught but not universally learn how to and when to merge car-by-car in an orderly manner? Soon, our cars will all be chipped, talking to each other, and driving themselves anyways - and zipper merging will be in the program.

It sounds like we're never going to agree but I do appreciate the dialogue. Should we discuss Trump vs Hilary next?

At least this side discussion has taken me off thoughts of my poor car.

2016 Mazda3s GT 5-door : soul red/almond/MT (DD)
1993 RX-7 Touring
2004 Mazda6s GT 4-door (traded in)
1994 Protege (totaled)
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post #14 of 26 (permalink) Old 08-26-2016, 04:47 PM Thread Starter
EadzaM
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Quote:
Originally Posted by seanc81 View Post
I just found out that my damage is $10,500 and they are NOT going to write it off.

I have a great relationship with the dealer, I've sent them so much business so they've agreed to take the car back in Jan/Feb when the 2018 Mazda 3 comes out (as its scheduled to launch in Q1 next year). The 2017 is a short production run, so I'll wait. Remember, 2018 is a complete redesign.
The accident was not your fault right? And you know about "diminished value" claims?

I didn't know I'd have to wait until Q1 for a 2018. Thought the 2017 reboots were a month or two away. Most likely sticking with my fixed vehicle depending on the quality of the repairs and the compensation for diminished value. But probably wouldn't hurt to give the dealer a call.

2016 Mazda3s GT 5-door : soul red/almond/MT (DD)
1993 RX-7 Touring
2004 Mazda6s GT 4-door (traded in)
1994 Protege (totaled)
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post #15 of 26 (permalink) Old 08-28-2016, 04:59 PM
hau101
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My Fit got totalled a month ago by a red light runner who T-boned me in the bay area. No police report even though police came since we didn't declare any serious injury. That's also why I have a dash cam. That would've saved a lot of guesswork and finger-pointing but at least you said the front driver is a witness and saw you stop normally behind him. Even better would be to ask someone to be a witness. Don't think the at-fault person wouldn't turn around and blame you later on even if he apologizes etc at the scene.

See a doctor and document every ache and pain to cover yourself if anything complications arise later, and seek treatment even if you think it's "just a bruise." My neck is still aching and I thought everything would be ok in a week. Don't be like me and seek an attorney a month later like I did which might complicate things a little with insurance. See if an attorney can make a case and recover some money for you - you deserve some compensation for the trouble and reduced car value, imo.

The car looks repairable, at least. My fit also got side swiped while parked and the whole right side needed repair/replacing panels + side mirror and cracked axle. Total came out to be $8k, almost half the price of the car! But it still rode fine. Make sure the body shop goes over everything, though. And double check your headlight levels after the repairs.
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post #16 of 26 (permalink) Old 10-27-2016, 12:51 PM Thread Starter
EadzaM
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UPDATE

So, 8 weeks after the accident and after 6 weeks in the body shop, I got my car back. The first appraisal was $3500. The supplement was $3900. The at-fault insurance originally denied factory parts but my body shop was able to secure factory parts for me which was nice. I did lawyer up so will be getting some compensation for minor aches and pains and the inconvenience of making the chiropractor visits and everything else.

The car seems to be driving fine. Oh, how I missed my manual transmission and the car's handling. The rental Chrysler 200 was not a fun car at all. My power seat is making a noise when being adjusted and there's an indentation on my passenger seat from something heavy the body shop left on it but both are minor and fixable. The impact seems to have dislodged whatever causes the well-documented passenger A-pillar noise as it wasn't there before. At first, I was not happy with the paint matching but the contrast in color is mostly from the difference of painting on plastic bumpers and metal panels I believe. It's just not as subtle as before or I'm more cognizant of it. I read some posts where with age the normal factory paint does this with other colors as well.

They are offering only $1200 for diminished value. I was hoping it'll be more but will get some independent appraisals to see if I can bump it up. That's only about three car payments and I was making payments for two months with nothing to show for it. I was pretty set on trading it in for a 2017 but not sure now if that's cost-effective. The extended warranties I bought are refundable but decreased dealer trade-in value, normal depreciation, taxes, and destination charge may not be worth it. I'll probably make the inquiry and get some more solid numbers though. I just hope this doesn't cause a sequelae of other issues down the road.

(The hood is cracked open in the first pic.)
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2016 Mazda3s GT 5-door : soul red/almond/MT (DD)
1993 RX-7 Touring
2004 Mazda6s GT 4-door (traded in)
1994 Protege (totaled)

Last edited by EadzaM; 10-28-2016 at 11:45 AM.
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post #17 of 26 (permalink) Old 10-27-2016, 07:10 PM
shifty
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it makes me very uneasy without a police report. But Maryland's policy is that they only file one with injury, death, DUI, and damaged cars that cannot be safely driving away. I was able to drive away - fortunately or unfortunately, I don't know yet.
Glad you got the car back and everyone was pretty ok. I am confused about this part. Are you saying they wouldn't write one unless there is an injury, dui, or disabled car? Or is it just that its mandatory in those situations but you can still get one if you wish when in other situations?

In NY and NJ you can request one anytime and are always asked if you would like one. At least in my experiences. I have been in a number of fender benders where someone hit me. One time a guy went through a stop sign, another time someone hit me in the back, another time someone hit me while parked. I was there all the times and always got a report. If one is wishing not to use insurance (and we all know the obvious reasons why) they assume a police report means their insurance is notified but from my experiences that's not true. Each and every time the insurance is only notified if you or the other party and/or his insurance puts in a claim with your insurance. In all 3 of my experiences which were the fault of the other person I got a police report every time and actually only dealt directly with the other persons insurance policy. I had no need to use my own at all and even with a police report my insurance never held any of them against me at all.

Im not sure what the intent of not requesting a report was. But getting one of possible is always the best thing to do. Otherwise it leaves everything up to chance imo. Nowadays very few people can be trusted. Honesty it sounds a bit crazy if your saying the police wouldn't write one because then every single accident would be contested by everyone.
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post #18 of 26 (permalink) Old 10-27-2016, 09:35 PM
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Sorry for the bad luck. That's all it was, stuff happens. I can sympathize though. Almost a month ago I was driving my 16 T home from the dealer and hit a deer. Thought I would have a small deductible because of the credits I had received over the 16 years with no claims. I found out the credits only applied to collisions and this was a comprehensive claim. My deductible was $1000. Then I got a adjuster that wouldn't answer any questions or return my calls. Then they tried to get by with not putting on factory parts but the shop stood up for me and did get that concession. Hope you didn't have the Hartford for insurance. My damage was only $2400. Like you I thought of all the little things I could have done differently and it wouldn't have happened to my brand new car. But now it's fixed and I'm moving on. Best of luck to you going forward.
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post #19 of 26 (permalink) Old 10-28-2016, 11:42 AM Thread Starter
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Are you saying they wouldn't write one unless there is an injury, dui, or disabled car?
Yes, since we were all able to drive away, there would be no police report. We each gave our story, he collected our IDs and insurance cards, and printed out a Maryland State Police "motor vehicle collision information exchange form."

It states: "it is the policy of this police department to investigate and complete reports for traffic collisions that result in death or injury. In addition, officers may investigate property damage collisions in which a vehicle cannot be safely driven from the scene as well as those involving drivers who are intoxicated. A report will not be completed for collisions that do not meet one of these criteria. Based on the observations of the investigator, a police report WILL NOT be completed."

In the end, I guess I got lucky, but it seemed pretty obvious at the time who was at fault and there was a witness to back it up.

2016 Mazda3s GT 5-door : soul red/almond/MT (DD)
1993 RX-7 Touring
2004 Mazda6s GT 4-door (traded in)
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post #20 of 26 (permalink) Old 10-28-2016, 12:28 PM
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Quote:
Originally Posted by EadzaM View Post
Yes, since we were all able to drive away, there would be no police report. We each gave our story, he collected our IDs and insurance cards, and printed out a Maryland State Police "motor vehicle collision information exchange form."

It states: "it is the policy of this police department to investigate and complete reports for traffic collisions that result in death or injury. In addition, officers may investigate property damage collisions in which a vehicle cannot be safely driven from the scene as well as those involving drivers who are intoxicated. A report will not be completed for collisions that do not meet one of these criteria. Based on the observations of the investigator, a police report WILL NOT be completed."

In the end, I guess I got lucky, but it seemed pretty obvious at the time who was at fault and there was a witness to back it up.
I suppose I am confused here but I would have to ask.....where then would there be anything official as for what, why, how the accident took place. Where is there any testimony from the involved parties as well as any witnesses who may also been there? It just make any sense to me. Someone can basically hit you at their own fault and there is no paperwork to state anything. Even if the person lies on the official paper report there would still be a report indicating each operator's view point as well direction of travel, stop signs, lights, lane markings etc. Even a lying operator would have a hard time proving his case when such a repot is filed. I just don't get how in the world there is nothing official and anyone can then just later on say whatever they wish. The whole thing just sounds like very many people who were not at fault will unfairly get screwed over by other dishonest people. In fact even one who is fairly honest would be tempted to easily become dishonest. We are talking a lot of money and insurance premium increases which are expensive. Its just too easy for someone to become dishonest when they have plenty of motivation along with such an easy route to do so. I don't see how that can all be left up to simply chance. Something just isn't right about this unless Iam missing something here. I find it a bit disturbing or unsettling and Im wasn't even involved lol.
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