Nevada_545, page 2, said my Sienna has a crash recorder. I cannot deny that fact, I was relying on a chart put out by a company that services the crash recorders. It it was wrong, I am wrong, of course.
I will say my 2002 Sienna LE does not have side airbags, so the recorder could not be enabled by side airbags as the manual allegedly says.
That brings up the question if perhaps the crash recorder is always there in a 2002, or just when side air bags are present. It is hard to tell, when unreliable information is available.
As far as the manual, I have always carried it in the center console. I went out to read it and, it wasn’t there. I have no idea when it drifted nor where it went. Tomorrow, I will see if the shop manual says anything about it.
Once an insurance company has paid for a totalled car, they own it, and can remove the “black box” without a warrant or permission from anyone. It’s their property. If you have an accident that is your fault, removing it yourself might make a jury think you’re guilty. Finding out where your car has been towed to may also prove difficult. Many impound lots won’t let you get close to your car, and would probably get suspicious when they saw you tearing out the carpet looking for the data recorder.
On a rather off topic note, I have seen TWO TV shows this fall where the cops said that they had gotten “black boxes” from light or private airplanes after crashes. Those DO NOT exist. Only planes carrying passengers for hire (read airliners for the most part) have them.
Actually I never had any trouble getting to my totaled car. They really just wanted me to get my stuff out. Until you cash/deposit the check the car is still yours.
Who has a jury trial for a car accident? In my state (Mass) they just settle it between the insurance co.s .They literally tried to prevent you from getting a magistrate hearing for contesting % at fault.
@euryale1 "Who has a jury trial for a car accident? "
Anytime there are injuries severe enough to warrant a lawsuit, there may well be jury trial. Sometimes they settle out of court, and sometimes they don’t.
I sat on a jury for a car accident. If the injured person doesn’t accept the settlement, they can sue the driver of the other car or the insurance company.
@jtsanders , etc
There are rare cases that actually reach a jury. My friends wife was struck at the school bus stop. She has brain damage for the rest of her life. No jury. Why? because the lawyers could not get more money from any insurance co.
A civil suit is paid for by insurance, not a criminal action. That is a six person jury. It is not about refusing the settlement but about how much money the lawyer can get. The lawyer in my friends case refused due to the inability to attach(the perp) more money for the case. Each case is different. 98% plus never see a jury.
Civil law varies widely from state to state, as does insurance liability law. It’s always wise to talk with an sttorney when dealing with liability problems. Assumptions are never wise.
Until you cash/deposit the check the car is still yours.
I recently had a truck totaled by the insurance company. Once the assessor has valued the car, they slap a sticker on it saying it is theirs and nothing but personal items can legally be removed from it. It would be like taking the water heater from your old house after accepting an offer.
.They literally tried to prevent you from getting a magistrate hearing for contesting % at fault.
There are three avenues for contesting the level of comparative negligence :
After my accident, the insurance company automatically applied a surcharge saying I was at least 51% at fault. The insurance board sent me a notice that spelled out how to contest the surcharge. I filled out the appeal form and sent it in with the $50 fee. 4 months later, I had my hearing and prevailed.
If you get a ticket, that is resolved in traffic court.
Civil liability is decided in a trial if it comes to that.
Kevin, if you’ve read Orwell’s 1984, you should know Big Brother was in people’s homes, not just on the streets. IMHO, we have no expected right to privacy in public spaces, so I don’t see this as “Big Brother.”
I think if more people read Orwell’s 1984, fewer people would throw around the phrase “Big Brother” as much as they do.
@euryale1: “My concept is this. Why can’t I wipe the car memory whenever I want. It is my computer, I paid for it.”
…because this is a public safety issue. Driving isn’t a right, it’s a privilege, and when you get behind the wheel, you’re making a choice to take public safety into consideration, every time. If you value your privacy so much that you aren’t willing to make this sacrifice, you shouldn’t get behind the wheel.
If the two of you don’t want to operate your vehicles on public roads, you don’t have to follow the rules. Seriously, you can drive your vehicle on private property as much as you want, and doing so would mean you wouldn’t have to obey any vehicle laws. You wouldn’t have to register the vehicle, have it inspected, or maintain the safety equipment.
Usually, when your car has been totaled, if you ask, your insurance company will sell you the car back for $50-100. I did this once because the car was still drivable.
Usually, when your car has been totaled, if you ask, your insurance company will sell you the car back for $50-100. I did this once because the car was still drivable
Normally, they want the residual value of the vehicle which varies greatly depending on the vehicle and the amount of damage. That is the amount they will end up selling it for. They don’t care where the money comes from so they may sell it to back to you.
When I inquired about keeping my totalled truck I was told two things, after they said they don’t usually sell them back to the owners but I kept asking anyway; 1- the residual value in my case was $3500 so I would be forfeiting that amount from the check they were going to cut me for the vehicle and 2- If I wanted to keep the truck, they would no longer insure it, or me, for that particular vehicle. The decision was easy in this case- it’s all yours…
Normally, they want the residual value of the vehicle which varies greatly depending on the vehicle and the amount of damage.
I guess that depends on where you live. Because in NH and NY you can buy it back at the “Highest” bid the insurance company received from the salvage yard. I’ve done it twice. Once in NH and once in NY. And I’m pretty sure it’s that way in MA and CT.
That would be the definition of residual value Mike. How much someone is willing to pay for what’s left. In this case, the assessor has already provided that valuation to the insurance company. The residual value on a newer car that has been totaled by the insurance company can easily exceed many thousands of dollars which is the reason that statement of mine was posted in the first place, to address the point Whitey made saying that you can usually buy back your totaled vehicle for $50-$100.
ANY unrecognizable totaled hulk will have a residual value of $300 locally. I know of a guy who has that as his ‘standing bid’ for all the cars and trucks at a local insurance pool auction. It’s simply the value of the steel, battery, aluminum wheels and catalytic converter(s). I’m sure he makes $$ when he sells those items to whomever. He buys dozens every week, strips the ‘good stuff’, and crushes the rest. I’ve been told that the crushed cars are shipped to China, but I have no proof of that.
I agree with OK4450. I’m tired of the spying. I don’t commit crimes
Frankly I don’t mind that kind of spying. If was offered the choice of having the government having access to that data or not, I would vote to allow it. It is far more likely that the data collected will give me evidence that would protect me right than convect me.
Well today it is black boxes, what about tomorrow? Will we have transponders? Then any time someone wants data on you, they have your vehicle download all your data to them. For example, a cop would not use a radar, the gun he points at your car just tells the car to transmit its current speed back and he’s got you.
Even worse, no cop. Your car has a GPS and anytime it detects that you are going above the speed limit, it transmits the data to the local authorities and they e-mail a ticket to your paypal account and paypal automatically taps your bank account to pay your fine.
Well at this point it is possible to be able to unload the data from your cell phone. The one that rings a bell in my mind is Microsoft patent "DRM can further be enforced by “determining at least a number of users within a display area of a display device for a duration of the presentation exceeding a threshold.” In other words, if a license only covers one individual viewing and you’re watching a film with friends or family, content simply won’t play.
@Whitey
So it is a public safety issue if your cell phone is on and you walk in front of a mac truck and they take your cell phone and say the truck is innocent because this guy/girl was walking and talking at the same time. It is an accident why is all the info that was never there in a 1970 pickup truck suddenly owned by the prosecution without a warrant as required under law.
The police can put a transponder on your car and follow you around right now. Of course, they have to get a warrant to do it, but this goes on all the time. And they can only follow you in their jurisdiction. At least that’s the way it works here.
@Twin Turbo,
The assesor can put any sticker on it they want. You hold the title. That is law. You legally can remove the car from impound on your say so with a cop backing you up. Until you settle with the insurance co. by accepting the check on deposit, legal title is yours. With no compensation realized under law no one may withhold your property without a court saying so, this includes private party agreements such as insurance companies. Remember If the title is held by a bank/finance co. this is different. I generally avoid this.