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Discussion Starter · #1 ·
First off let me say something that I've been meaning to get on here and post for a few weeks...

THESE THINGS SUCK!!! That is the OEM tires and their weak ass sidewalls. Three punctured in less than three months. Less than 10K miles on the car.

Now on to the wreck.

Was leaving work a little while ago and was making a left through at an intersection. Had plenty of room when I began my turn. Well half way through the turn I saw the signs saying the road I was turning onto was closed for road construction/repairs. There were no signs mentioning the construction except for on the road itself. So I reacted wrong, hesitated slowed down a little without touching the brakes, glanced at my mirrors to see if I could go back the other way. There was a truck coming up to fast behind to I made the decidision to keep foward onto the closed road and hit the gas. Well it was too little acelleration too late. A Madza Tribune (I think) hit me on the passenger side behind the tire, ripping off the bumper cover and, padding and support. Looks like it tweaked the entire back end. It had dents on both quarters like the back end is turned to one side a little. The trunk lid will close but not completely and doesn't line up right. Also took out the passenger side taillights. Luckily it avoided the wheel/suspension, the car still tracks straight as did did before the wreck. Will try to get some pics when I get home tonight after class. Thankfully there were no injuries on either side.
 

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Doesn't sound like you are at fault, and I'm glad everyone is ok. How many body panels are affected?

Do you have some pics? Did you get the tribute drivers insurance info?

Sucks that you have to deal with this.
 

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Doesn't sound like you are at fault, and I'm glad everyone is ok. How many body panels are affected?

Do you have some pics? Did you get the tribute drivers insurance info?
I get the impression that the truck and OP were traveling opposite directions initially. The OP started his turn but then saw the road was closed. He was still in the intersection, needed to clear it, so he started forward again, into the closed road in order to clear the intersetcion. Too little to late and the truck hit the rear of the OP's Forte. Truck had the right away and OP had the duty to clear the intersection.

If this is the case I see most liability going against the OP as he created the situation and had a duty to clear the intersection. Details could chaneg things but I could also see some liability against the truck as he the OP could argue that the driver of the truck had a change to slow down and avoid hitting the OP (based on the point of impact to the Forte being the back 1/4 panel area). But I'd see that being woth around 10%-20%. The OP could also _try_ to argue against the contruction company not posting visable information the road ahead was closed. That would be a tough arument as the OP should have looked that direction before starting the turn and see the big orange and white signs/barracides. But it might be worth the arguement. Perhaps putting 10% on the construction company (I know they get really lazy here and don't set up signs correctly).

I'm just guessing at what happen as it's not 100% clear. So I could be wrong about the layout and what happened.

Edit: GA is modified comparative. If a person is 50% or more at fault in an accident, they are bared from recovery.
 

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Discussion Starter · #5 ·
I get the impression that the truck and OP were traveling opposite directions initially. The OP started his turn but then saw the road was closed. He was still in the intersection, needed to clear it, so he started forward again, into the closed road in order to clear the intersetcion. Too little to late and the truck hit the rear of the OP's Forte. Truck had the right away and OP had the duty to clear the intersection.
Sounds about right, but the way you say it sounds like I stopped which I never did. I did slow down a bit when I saw the sign, a little surprise reaction there. About as quickly as I slowed down I was back on the gas trying to go forward and clear the intersection. I'll try to put together a little diagram of the accident area.

If this is the case I see most liability going against the OP as he created the situation and had a duty to clear the intersection. Details could chaneg things but I could also see some liability against the truck as he the OP could argue that the driver of the truck had a change to slow down and avoid hitting the OP (based on the point of impact to the Forte being the back 1/4 panel area). But I'd see that being woth around 10%-20%. The OP could also _try_ to argue against the contruction company not posting visable information the road ahead was closed. That would be a tough arument as the OP should have looked that direction before starting the turn and see the big orange and white signs/barracides. But it might be worth the arguement. Perhaps putting 10% on the construction company (I know they get really lazy here and don't set up signs correctly).
I don't disagree that I had a duty to clear the intersection. I tried, but feel like I got bit by the same thing that has bugged me since I bougt the car. I don't know why but it had a hesitation or lag after hitting the gas pedal before the engine catches up (especially after just letting up on the throttle), and there is also a hesitation in the transmission to down shift. This is the first FWD automatic 4 cylinder I've driven, my mother has a 02 Taurus that is FWD and Auto but when you hit the gas it down shifts and goes. Hell my 96 probe with 230K miles on the engine would scream as soon as you pressed the gas, but it was a manual to down shifting was done by me. If they don't total the car I will be finding a way to get rid of those hesitations.

I'm not trying to place blame on the other driver, though I do feel that he was driving too fast for the road, and could have tried to slow down a little. I really place blame on the road crew, but I'll explain later when I post a diagram.

Edit: GA is modified comparative. If a person is 50% or more at fault in an accident, they are bared from recovery.
This is French to me, or maybe Greek. I wouldn't know the difference if I heard both at the same time.

I'm guessing that it means that if 50% or more of the blame were on me that I couldn't go after the other driver for compensation due to injuries or damage. Doesn't matter to me, I have no injuries, am not in pain, and that's why I carry full coverage insurance (aside from being state and loan requirement). I have no intention of going after any compensation myself, though I can't control what the insurance company does.
 

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Usually when there's road construction and you won't be able to make a left turn onto the street, the left turn lane is usually closed off... (at least where I live)... possible liability for the construction company?
 

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Discussion Starter · #7 ·
Ok this is the best I could do on a diagram of the intersection and accident.



The yellow is me and direction of travel. The green is the Mazda Tribune and it's location/direction of travel when I began my turn. Blue is the only other car in the intersection when I start my turn, as you can see it was headed opposite direction. I will admit that I did not come to a complete stop before beginning my turn. I did not have a green arrow but did have a green light. Saw the car making turn in opposite direction, saw Mazda coming towards me, but felt I had more than enough room to clear the intersection. Hell I think I could have easily put both my car and the truck behind me through the intersection in the amount of space, assuming that the other driver was going the speed limit. The speed limit on this road is 35 or 40 MPH at it's highest.

Using Google maps to get a shot this is the distance from about where he was at to the intersection. Of course he was on the other side of the road.



The orange line right on the road where I was turning onto is where the sign was. it was one similar to this:

with 4 or 5 traffic barrels. The city is all the time putting these up to block off a lane where a crew is at, either patching a hole or using a bucket truck to work on something. I think there may have even been a vehcle sitting in the lane beside the sign (waiting for the light) when I turning onto the road If I am remembering right it was not white which is the color of all road crew vehicles. The red area is about where they have the road dug-up. The road is cordened off about 15 feet from either side of the trench they have dug across it. After the wreck, I turned around and used their poorly marked bypass which comes out the other side of the construction area. On that side they have the road closure posted close to two hundred yards away, with clearly posted road closure and detour signs in across all lanes at close to a hundred and fifty yards away, excluding a narrow opening to get into the two or three businesses past it. My yardage is based on the distance bar on Google Maps.
 

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Discussion Starter · #8 ·
Usually when there's road construction and you won't be able to make a left turn onto the street, the left turn lane is usually closed off... (at least where I live)... possible liability for the construction company?
Problem with that is the construction crew appears to be city workers. Good luck going after this city, and they damn sure won't admit to fault or accept liability. Aside from the Advance Auto and Hardees, there are no other businesses on the road between where it is blocked off and the intersection. Both of those have access from the road I was turning off of, so I think they should have blocked off the turn lane and road as well.

I'll get pics loaded up tomorrow, have to re-size the first.
 

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If he was going straight, you turning, and he hit you in the rear section of your car I would think it's his fault. If you got that far he should've had time to notice you were there and avoid an accident.

Also totally jealous of the Hardee's. Closest one here is on the turnpike a good 45 minutes away. :\
 

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While it is ultimately your fault for failing to yield the right-of-way, the left turn lane should've been closed to traffic if the entry to the side street was inaccessible.
 

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Discussion Starter · #12 ·
Got some pictures of the area where the accident happened that show the lack of warning that the road was closed. Will try to get those loaded on Photobucket tomorrow. Will also try to make the a little smaller. I'll also try to re-size those I just posted again, didn't realize they are so friggin huge. Keep forgetting I'm using a 32" monitor.
 

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Discussion Starter · #13 ·
Just wandering since they are going to have to do repainting on the back end, should I get one of the OEM spoilers installed and painted while they are at it. It couldn't hurt to have it professionally done if it won't cost much more, with the other work. Or would it cause problems with my insurance claim?

I've seen them on a couple cars and think they look good, but haven't seen but one in my area with it. Know I asked at a dealer in Atlanta when I first saw one, and it was going to be around 3 hundred unpainted/uninstalled. Wander where I can find the best deal on one.
 

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Insurance will pay for the damage repairs... what else you pay to have done during those repairs it up to you. You might be able to get the shop to paint the spoiler and install it for free. Or at least install it for free.

Repairs are going to be _expensive_ That inner 1.4 panel is not cheep. I'm betting at repair costs around $3700.
 

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Discussion Starter · #15 ·
The estimate the field adjuster gave was a little over 4200. Of course me not knowing a thing about body work didn't think that this was too bad of an amount considering the extensive repairs that it appeared would be needed. Guess body work is less expensive than I thought. Honestly I could care less about the price of the repairs so long as it is fixed and is fixed right. That is why I have full coverage insurance, and I only have a 200 dollar deductible. If the insurance company doesn't screw me over then they will more than make their money back off of me over time.
 

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Discussion Starter · #16 ·
Dropped the car off at the body shop today. I decided to just take it to one of the preferred shops, for one it makes the process easier for any supplementary repair work, shop just tells them what is needed and they get the check, the insurance company won't send an adjuster each time. The repairs are also covered as long as I own the vehicle, which will probably be at least until the extended 100K mile bumper to bumper is gone. The shop has it's own and because it's a preferred shop the insurance company also backs the repairs as long as I own the vehicle, so if this shop goes under I'm still covered.

While I was at the shop I asked about a few other things. First it looks like I might get my spoiler for just the cost of the part. They said since they will be doing the work anyway labor and paint shouldn't be any extra, but they will call me once they have a price for the part and can give me the total. I was quoted a little over $300 for the spoiler alone, no paint or install, by a dealer when I inquired about it out of town last weekend. That was after I finally got away from the sales rep trying to get me to trade in my car on one with it already installed. If the price the shop comes back with is close to the same I may try to buy it online myself.

I also inquired about swapping out the OEM tail lights for OEM LED tails. Since both of the tails on one side were busted the adjuster put a price of about $320 for replacing that side. I gave the body shop a printout of the Shark Racing page for those tails and asked if we could install these instead. Said "it won't be a problem, do you want to buy and bring them in or do you want me to buy?" So I let him buy and all I'll have to pay is the difference.

Does anybody know where I can get the best price on an OEM Koup wing spoiler, guessing it's probably not through KIA?

How about the OEM LED Tails? I think I saw that shark racing was the lowest, any place that beats their price? How long do they take to arrive? It sounds like the car should be done in about three weeks from Tuesday, will know definite once they disassemble it next week, need to have them by then.

I will of course search but since I was posting anyway figured I'd ask.
 

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Discussion Starter · #17 ·
Figured I'd post an update. Just talked to the body shop today (dropped it off last Friday). The damages to my car are now estimated at a little over $10K, apparently they want to replace nearly every piece of sheet metal on the back end of the car with the exception of the trunk pan. That is to include both unibody frame rails in the rear. (The other driver was going 35mph my ass.) Now they are also saying I won't have the car back until the first week of July. That's a month of car payment for it to be sitting in a body shop not drivable, and a month of driving a tired pick-up that gets 15mpg on a good day. Plus it needs suspension work on the front bad, so by the time the month is over it'll probably be needing new tires as well. Amazing how things add up.

According to the body shop I'm still about 2K shy of the totaled threshold, not sure which way I want it to go. On one hand it's my car and I want it back, not to mention the money I'd loose if it were totaled. On the other hand I don't want to have to deal with any side affects of the damage/repair, including problems trying to sell it a few years from now if my needs change. Or issues with the warranty (extended 10y/100K bumper-to-bumper) for that matter that the dealer/Kia can blame on the accident.
 

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I would see from the adjuster or even the body shop what it would take to total the car. Even though you have a number already, that's a huge chunk of change for a car that isn't high value. If it's totaled, you get a do over and you start with money in your pocket that would be worth more than the car you will get back.

In every situation I have been in with body work, it's always higher than the initial estimate.

Do you have gap insurance?
 

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Discussion Starter · #19 ·
Yes I do have gap. I expected it to be higher than initial estimate, but 6K higher, that I didn't expect. The current estimate is after they have torn the interior out of the trunk and put it on a frame machine and started pulling things back into alignment. I have a feeling that it probably won't get much more expensive than that. So at this point I'm not even sure how to go about talking to an adjuster. Much less talk to one about just totaling the vehicle.

FWIW I highly doubt that I would start with money in the pocket. I've only had the car about 6 months, and believe that I haven't yet broke that point where the loan value is less than the car value. So even with the gap insurance I would only end up with just enough to cover the existing loan on the vehicle. I'd still be out of pocket having to put a down payment on another car, and taking the hit to the credit from having to qualify for another loan. Not to mention that the car I would get to replace it would be more expensive than the one I would be replacing. I would be going after either another Koup SX with the Tech package, or a Genesis Coupe 2.0T R-spec (kinda partial to RWD).
 

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Im glad nobody was hurt. Im sorry to hear the bad luck with the tires. I had that happen to one of my tires less than a week after I bought the car.

I got into an accident with my Koup back in November and It took almost two full months to get the repairs done. I swerved to avoid hitting a spinning car in front of me and hit a snow bank. Turned out there was a 2ft tall concrete curb there too. Long story short, about $8000 in parts, labour and bodywork. I still had to make my payments too. So deductable, car payment, insurance and rental costs ended up costing me over $2000 and I didnt even get to touch it for the entire two months.

Best of luck with everything

Deuce
 
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