BMW merged into me, pictures and question

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Old 03-29-2010, 01:57 PM
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BMW merged into me, pictures and question

I was on my way back to work after lunch, guy in 08 128i decides he wants my spot in the lane and merges into me, then he speeds up and gets in front of me, so I follow him where he pulls into a parking lot. damage is very minimal and hard to see unless you know where to look, but it's damage none the less. He called the cops, who came out and filled out a "information exchange" sheet, no report, and they said they couldn't put anyone at fault because there were no witnesses. I called my insurance, and they said because it's a merging accident they cant place definitive blame, but based on my statement it will wind up being 80% his fault, 20% mine, which is bullshit because he merged into me, but regardless there's nothing I can do, especially because we both have the same insurance company and he insists that I merged into him.

First picture is some clear coat chipping off the drivers side mirror:
http://img687.imageshack.us/i/imag0096e.jpg/
some of the scratching, it's on the drivers side back door, theres about 3 scratches 1/2" long and maybe 2-3mm wide that went through the paint, the rest of it is all "smudged" so to speak, I'm not really sure how else to explain it, but it seems like most of it could be buffed out.
http://img532.imageshack.us/i/imag0095g.jpg/
http://img517.imageshack.us/i/imag0094m.jpg/
http://img683.imageshack.us/i/imag0089e.jpg/

insurance co. sent me to a Colonial Chevrolet to get the estimate, which came out to 660$ total for repairs, respray/clear both drivers side doors, and re-clear the drivers side mirror, because they havn't placed blame yet my deductible will have to be paid, 500$. If they do decide he's at fault (why he wouldn't be is beyond me, but it's my word against his, so we'll see what happens) they will refund me the % of my deductible that they say he's at fault... so if 80/20 they pay me back 80% of the 500.

My question is, should I fork out the 500$ and have it completely resprayed/cleared, or is there a cheaper alternative that will still look acceptable?

Last edited by images; 03-29-2010 at 01:59 PM.
Old 03-29-2010, 02:14 PM
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Might as well get it taken care of and let them sort out whether the insurance company wants to place fault on him or you. You can take it to a few more shops but I don't think the estimate is going to change by much.
Old 03-29-2010, 02:58 PM
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I would be pissed

This sucks due to no witnesses.
Old 03-29-2010, 03:35 PM
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Originally Posted by images
My question is, should I fork out the 500$ and have it completely resprayed/cleared, or is there a cheaper alternative that will still look acceptable?
No. Have it done at a shop. I cheaped out with a mobil repair service and it came out horrible and since they are no longer in business I'm stuck with a non-matching door. Definitely stick with a shop where you can have it corrected if it doesn't meet your standards the 1st time.
Old 03-29-2010, 04:49 PM
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Perhaps take to a good detailer and see what they think can be done?
Old 03-29-2010, 06:01 PM
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Originally Posted by Jiggy2dmax
Perhaps take to a good detailer and see what they think can be done?
This. Someone good could possibly cover that up without using paint. There are amazing things that some detailers can do with even deep scratches.
Old 03-29-2010, 07:45 PM
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Sorry to hear about that. I know it's frustrating. There were probably witnesses, but nobody stops for that kind of thing. Even with more severe accidents, they'll stop to call 911 and then drive off before the police arrive or even to see if you're alright.

If you get 80% of your deductible back, that's better than what I've gotten in the past.
Old 03-30-2010, 05:17 PM
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found out today that as per virginia law even if you're found 1% at fault, you have to pay your full deductible.

I guess the first person I talked to didn't get that memo, but it's gonna cost me the full 500 to fix this at that shop, how nice of them to make it 80% his fault 20% mine, when he hit me. I really don't understand the 80%/20% thing, you're either at fault or not, you can't say "hey, yes HE did hit YOU but, you could have driven into oncoming traffic... or into people in the next lane, or the person infront of you," or maybe I could have opened my door and kicked his car away, who knows, my feelings are they just didn't want to put him at 100% because then they would have to pay my deductible instead of just make us both pay.
Old 03-30-2010, 08:48 PM
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Originally Posted by images
found out today that as per virginia law even if you're found 1% at fault, you have to pay your full deductible.

I guess the first person I talked to didn't get that memo, but it's gonna cost me the full 500 to fix this at that shop, how nice of them to make it 80% his fault 20% mine, when he hit me. I really don't understand the 80%/20% thing, you're either at fault or not, you can't say "hey, yes HE did hit YOU but, you could have driven into oncoming traffic... or into people in the next lane, or the person infront of you," or maybe I could have opened my door and kicked his car away, who knows, my feelings are they just didn't want to put him at 100% because then they would have to pay my deductible instead of just make us both pay.
Many states have laws that say no matter what accidents can never be 100% any one persons fault...even if it is one persons fault. I know here in PA that is the case. Say a driver T-bones you running a red light or a stop sign, your still partially to blame. Why? Because you had a responsibility to gauge their speed and a decision to make as to whether or not to wait or go. Same with merging accidents, if there was any evasive action you could have taken (move over, brake, accelerate, ect.) and didn't your at fault to some degree since you had a responsibility to foresee what could have possibly happened and then react to it. Sucks I know, but the law is designed to prevent drivers from having the "right of way" mentality which often times causes accidents in the first place.
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