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Grumpy4
Premium Member
join:2001-07-28
NW CT

4 edits

Grumpy4 to IowaCowboy

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Re: [Help] Accident, brake failure possible

Not scolding, just offering a hopefully objective view:

Rear ending a car - you are liable

Operating with defective equipment - you are liable

Chances of proving spontaneous failure at time of accident caused by prior work done - slim to none, extremely expensive forensically, and not likely to significantly lessen damages awarded.

Even if you had pursued a lengthy proven trail of an attempt at fixing the defective brakes, the fact remains that you were still on highway with a vehicle with defective brakes and had prior knowledge of this issue.

One tip, perhaps obvious -- DO NOT SPEAK WITH INSURED PARTY'S INSURANCE CARRIER OR SIGN ANY OF THEIR PAPERWORK. They will often tell you they need your statement, and many will cave to this.
Refer ALL queries to your own insurance carrier, and get them on board as soon as possible. Some carriers will deny coverage if x amount of time passes before you report the issue.

Please be very careful with all of this and take it all very seriously with notes, and records of everything. Once an insured party reaches the limits of their coverage, their insurance company is off the hook, walks away, and the defendant's (your) assets are up for grabs. If the plaintiffs discover the fort knox of injuries, (the head) you're looking at a potential close to one million dollars per injured party in CT. Doesn't matter if the injury is real or imagined. Been there. Done that. Thankfully had enough coverage, and the injuries were indeed faked. The injured party's car had the impact of roughly one sledge hammer to the outermost corner of the car, and resulted in maybe $50 of damage. Didn't matter - their ambulance chaser lawyer and his hand chosen doctors spun it up so they all cashed in. Their pay days - at least five and six figures per hour for efforts exerted. The doctors - don't know how that works beyond office fees. Perhaps an off shore exempt from US reciprocity "tip the doctor" account with multiple access? Can't say for sure, but it wouldn't be the world's hardest task in the world to move cash from offshore into the US.

Even though i would never initiate a rear end accident to myself, the experience trained me for if or when a tailgater ever hits me. I'm leaving the scene in an ambulance. My turn.

Boooost
@151.190.40.x

Boooost

Anon

said by what the:

If your brakes failed you would have not slowed down at all.

Wrong. For decades, cars have had dual braking systems. If there is a failure, half of the brakes will still work.
said by IowaCowboy:

one of the brake hoses on the rear brakes was replaced.

If you can show this specific part failed due to faulty installation.
said by Grumpy4:

One tip, perhaps obvious -- DO NOT SPEAK WITH INSURED PARTY'S INSURANCE CARRIER OR SIGN ANY OF THEIR PAPERWORK. They will often tell you they need your statement, and many will cave to this. Refer ALL queries to your own insurance carrier,

Twice I've had someone crash into the back of my car, and each time the other driver's insurance company called me. I refused to talk to them. They mailed me some paperwork; I threw it away. There was nothing I could say to them which would be a benefit to me. Everything they needed to know was in the police report.
nonymous (banned)
join:2003-09-08
Glendale, AZ

nonymous (banned) to Grumpy4

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My wife got rear ended recently by uninsured motorist. No love there.

Grumpy4
Premium Member
join:2001-07-28
NW CT

Grumpy4 to IowaCowboy

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My dad's pickup was damaged by a guy who begged to pay for it himself, at somewhere around $1500 for the damages, as repaired by a discount auto body guy.

My dad was kind of heart and gave the guy a break.

Guess who got f'kd on that deal?

IowaCowboy
Lost in the Supermarket
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join:2010-10-16
Springfield, MA

IowaCowboy to Moffetts

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I see aftermarket parts no different than having a brand name drug substituted for generic at the pharmacy. Many health insurers require it to keep premiums and costs down. I think if they forced aftermarket repairs for collision repair (that is billed to auto insurance), then it would keep premiums down.

We pay enough for auto insurance in this state, I pay $133 a month for auto insurance. Mass is like the fourth highest in the nation for auto insurance. It's also the seventh highest in terms of cost of living in the nation.

NS4683
join:2000-08-25
NJ

6 recommendations

NS4683

Member

You can't compare aftermarket auto parts to drugs. Does the government regulate auto parts to the extent of pharmaceuticals? That's the most idiotic comparison ever.
nonymous (banned)
join:2003-09-08
Glendale, AZ

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Parts are only one cost. You then have the labor which can easily be way more than the parts.
Quattrohead
Premium Member
join:2005-02-09

1 recommendation

Quattrohead to NS4683

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This whole thread is idiotic.
When you hit someone else from behind, you are responsible.
When you go around the internet telling everyone how you want to bodge everything you touch, not bright.
When you tell the world you tend to fall asleep at inconvenient moments, well really !!!

removed
Premium Member
join:2002-02-08
Houston, TX

2 recommendations

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said by IowaCowboy:

I see aftermarket parts no different than having a brand name drug substituted for generic at the pharmacy. Many health insurers require it to keep premiums and costs down. I think if they forced aftermarket repairs for collision repair (that is billed to auto insurance), then it would keep premiums down.

See it how you like, the victim in this accident will still be able to choose who repairs their car and how it's repaired. Nothing you or your grandma or anyone else says can change that, and it's a unreasonable to think that this should even be a possibility.

You screwed up, drove too closely and/or were distracted, and had a crash. Weaseling out and whining about the other driver choosing to have the repair done properly is the wrong thing to do right now.

Edit:
Did anybody else notice that the OP drives around with a giant blemish on his license plate? I suggest getting that fixed - not sure how the inspection place missed it.

cowboyro
Premium Member
join:2000-10-11
CT

cowboyro to IowaCowboy

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said by IowaCowboy:

I think if they forced aftermarket repairs for collision repair (that is billed to auto insurance), then it would keep premiums down.

Aftermarket parts aren't necessarily cheaper. There are lower quality aftermarket and also higher quality (and far more expensive) aftermarket parts.
Also the price difference is very low - it may be $50 in costs for a $1000 repair.
Especially for body repair, labor is by far the most expensive.
I was rear-ended few months ago. $200 in parts, $900 total cost.

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

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said by removed:

Edit:
Did anybody else notice that the OP drives around with a giant blemish on his license plate? I suggest getting that fixed - not sure how the inspection place missed it.

I blurred it out on the picture for privacy. I used iPhoto to do it.

Whenever you see cars in news stories on TV, they ALWAYS have the the license plate fuzzed out.

what the
join:2014-06-28
usa

what the to NS4683

Member

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The cops in my state do not come to fender benders anymore, only if someone is injured, and in that case you don't need a cop you need a ambulance.

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

IowaCowboy

Premium Member

said by what the:

The cops in my state do not come to fender benders anymore, only if someone is injured, and in that case you don't need a cop you need a ambulance.

I had the cops come as Massachusetts law says that a report must be taken if the damage is more than $1000 and I always demand one even if the damage is minimal.

I was in an accident once where a guy opened his door and he lied about it and tried claiming it was a sideswipe. I was surcharged but fortunately we have an appeal system at the Registry of Motor Vehicles so I appealed it and won. The mirror (to the car I no longer own, but still sitting in my garage) remained intact (as it was spring loaded) had the door mark and that was presented at the hearing.
raythompsontn
join:2001-01-11
Oliver Springs, TN

raythompsontn to Quattrohead

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to Quattrohead
said by Quattrohead:

When you hit someone else from behind, you are responsible.

Not always true. A chap that was drunk (he was arrested) pulled in front of me. I hit him from behind. He was found to be 100% at fault by the police, by my insurance company, by the witnesses.

IowaCowboy
Lost in the Supermarket
Premium Member
join:2010-10-16
Springfield, MA

IowaCowboy

Premium Member

Update: Car is now at the body shop, the guy said it is most likely fixable.

I told him aftermarket/used parts are OK if it makes the difference between totaling it out and saving the car. I took it to the body shop recommended by my auto insurer and I've had work done by them before.

I will probably be paying the $500 deductible.

what the
join:2014-06-28
usa

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Here in Nevada we are a drunken drivers state free booze in any casino, get loaded then drive home or wherever.
There are so many fender benders here that the state decided to stop cops from wasting time on one.

Hall
MVM
join:2000-04-28
Germantown, OH

Hall to intok

MVM

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said by intok:

No hand brake? Drop it out of gear?

Drop it out of gear ? Try it yourself... The difference it makes, if any, will be minimal.

Also, the hand brake (at least you didn't call it the "emergency brake") is for parking, not stopping. 1) It's connected to the rear (which does what, 25% of braking in normal circumstances ?) and 2) it's connected to (1) wheel.
Hall

Hall to IowaCowboy

MVM

to IowaCowboy
said by IowaCowboy:

...the guy said it is most likely fixable.

I told him aftermarket/used parts are OK if it makes the difference between totaling it out and saving the car

Of course it's fixable ! I'm leaning towards the insurance company totaling it. Aftermarket parts won't make enough of a difference -- labor is the same whether they use OEM or aftermarket parts.
Hall

Hall to IowaCowboy

MVM

to IowaCowboy
said by IowaCowboy:

What had happened is I was not following too closed but traffic had stopped but I hit the brakes and the car had too far of a stopping distance.

You've told yourself this over and over and believe it now, huh ? You realize that everyone else reads that statement as an admission of "I was following too close".

Since you called the police, did they cite you and if so, what was the charge ?
Quattrohead
Premium Member
join:2005-02-09

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Since when was the emergency/hand/parking brake connected to only 1 wheel, 1908 ?
Also OP, why bother to repair a 13 year old car that was a POS when new LOL

IowaCowboy
Lost in the Supermarket
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join:2010-10-16
Springfield, MA

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I was not cited.
James_C
join:2007-08-03
Florence, KY

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One of two things likely happened.

1) When the brakes were done, air was introduced into the system and not properly bled out. That would reduce your braking effectiveness but would have been immediately apparent the first day after the brake job and you should have gotten used to it by now. The brake pedal would have had a bit more travel, perhaps felt spongy. Only if you had immediately gotten into an accident leaving the brake repair place, and had another qualified brake expert place blame, would the first brake repair person or business "possibly" be found at fault.

2) You weren't paying attention or other user error then assumed your car brakes work better than they really do. If you have had to make lots of emergency stops in the past and fell they worked better in the past, then that still make me think it is user error to have driving habits where you are making a lot of emergency stops to notice a difference.

If it makes you feel better you can pay another brake expert to check the brakes, even do them again, and do a writeup if s/he sees any obvious problems caused by the last work done, but it is doubtful that anything will be found. When a brake system is repaired it doesn't usually take months for bad work to cause a problem. More often, the case is that your entire brake system is the same age so the parts replaced are the least likely problem part compared to the other parts now even older and more likely to fail... but I would at the very least bleed the replaced brake cylinder now, just for the piece of mind of knowing it was done right.

nostop
@54.221.14.x

nostop to Hall

Anon

to Hall
Every vehicle I have owned had a parking break on both rear wheels.
said by Hall:

said by intok:

No hand brake? Drop it out of gear?

Drop it out of gear ? Try it yourself... The difference it makes, if any, will be minimal.

Also, the hand brake (at least you didn't call it the "emergency brake") is for parking, not stopping. 1) It's connected to the rear (which does what, 25% of braking in normal circumstances ?) and 2) it's connected to (1) wheel.


chip89
Premium Member
join:2012-07-05
Columbia Station, OH

chip89 to NS4683

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& I've showed a video from FORD showing that aftermarket parts are't made like OEM parts & act differently in a crash!
chip89

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Tell me about I got hit by someone who was't supposed to be driving somebody's rental car. Was only the bumper though a little crack.
chip89

chip89 to cowboyro

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Like for my car the price for a Ford bumper is only $91.70. with labor it costs $300. Though my insurance took care of that.

Hall
MVM
join:2000-04-28
Germantown, OH

Hall to nostop

MVM

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said by nostop :

Every vehicle I have owned had a parking break on both rear wheels.

Every car I've had gave me the impression it was only connected to one wheel. I say that because I could only do handbrake turns in one direction!
ImpetusEra
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join:2004-05-19
00000

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said by IowaCowboy:

I see aftermarket parts no different than having a brand name drug substituted for generic at the pharmacy. Many health insurers require it to keep premiums and costs down. I think if they forced aftermarket repairs for collision repair (that is billed to auto insurance), then it would keep premiums down.

We pay enough for auto insurance in this state, I pay $133 a month for auto insurance. Mass is like the fourth highest in the nation for auto insurance. It's also the seventh highest in terms of cost of living in the nation.

Aftermarket parts are a mixed bag. Some good, others not so good. I had an aftermarket bumper cover once that the holes for the side marker lights were a quarter inch larger than the original. There were other issues with it the body shop had to deal with while installing also. They refused a junk yard hood because the labor to prep it for paint would have been more than just going with new OEM. If I had a Lexus and you hit it you better believe I'd be refusing aftermarket parts. If aftermarket parts were always enforced it wouldn't save anyone money except the insurance company. Rates will remain high and continue going up regardless.
telco_mtl
join:2012-01-06

telco_mtl to IowaCowboy

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said by IowaCowboy:

said by what the:

The cops in my state do not come to fender benders anymore, only if someone is injured, and in that case you don't need a cop you need a ambulance.

I had the cops come as Massachusetts law says that a report must be taken if the damage is more than $1000 and I always demand one even if the damage is minimal.

I was in an accident once where a guy opened his door and he lied about it and tried claiming it was a sideswipe. I was surcharged but fortunately we have an appeal system at the Registry of Motor Vehicles so I appealed it and won. The mirror (to the car I no longer own, but still sitting in my garage) remained intact (as it was spring loaded) had the door mark and that was presented at the hearing.

So glad Quebec is a no fault jurisdiction your insurance pays your damage their insurance pays theirs. We have had the joint report rule since the 80's. You have to carry a carbon copy report paper in the glove box. Any no injury accidents you are required to fill it out. Cops can only stand by and watch if they show. You each get a copy and are on your merry way never to meet again.
telco_mtl

telco_mtl to Hall

Member

to Hall
said by Hall:

said by intok:

No hand brake? Drop it out of gear?

Drop it out of gear ? Try it yourself... The difference it makes, if any, will be minimal.

Also, the hand brake (at least you didn't call it the "emergency brake") is for parking, not stopping. 1) It's connected to the rear (which does what, 25% of braking in normal circumstances ?) and 2) it's connected to (1) wheel.

Every car I've done brakes on he parking brake is on both wheels. On drums it's imperative on a lot of cars to set it to keep them adjusted.