Accident moral dilemma...HELP!!

L

live4thrillz

New member
A town contracted plow truck backed into me yesterday! He only grazed my front right bumper leaving mostly paint marks which could be buffed out I'm sure, a slight scratch across the headlight lens, and completely broke the cheap plastic Yota "bull bar." Also, the bumper cover paint has a little cracking; almost "spider-webbing" below the headlight, which will eventually lead to paint chipping away.

SO, I got the registration info (it's a landscape co.'s truck) and the guy was really scared and wouldn't give me his license. I didn't call the cops, which I wish I had now! Anyway, he took my phone # and called me today all worried about it. He hasn't told his boss because he's afraid he won't be able to plow anymore. He wants to meet with me and deal with the $ outside of his boss/insurance. I was hoping to go through insurance since I know the Toyota fake "bull bar" is $500+ and I wouldn't replace that (but maybe get a real steel bull bar instead). Not to mention I don't want to get screwed with an estimate that doesn't take into account unseen damage. Also, I'd like a rental for the time it's in the shop. This guy clearly doesn't have the kind of change I'm figuring all this will cost!

So, do I meet with him and agree beforehand for an amount (I'm fairly certain there's no major damage to the components behind the bumper cover since he only scraped it and it wasn't a big impact)? OR do I report it to insurance and let them deal with it to cover my ass and get a rental and proper repair?

He also knows my name and where the car is parked, which makes me kind of worried.

HELP please! I need to deal with this tomorrow.
 
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I know of some people that have gone "on the side" for repairs, and for some it worked out ok. Others got completely screwed.

All I know is that unfortunately for him, it was no fault of your own that your truck was hit and I'm sure at the end that you want it in as good as condition as before it happened.

That would be alot of money to be out if things went sideways and you were trying to help the other guy out. You'd have to be an awfully trusting person overall. Myself, I'd feel bad for the guy but with repairs it would add up and that'd be alot of your own money if he didn't come through...
 
That's what I'm thinking

Yea, I'm definitely leaning towards making a claim tomorrow since I told him I already filled out the papers and it seems the safest route.

I just hope he has his OWN car that he can use his insurance for or he might lose his job or something.

Oh well...itsh happens!
 
Don't do side deals. Been there, done that.

A few years ago, it happened to me where the bumper of my old altima was hit with minor dent and scratch. The cuplrit made excuses and begged for me to just work it out. I knew it would not cost much so I agreed. The estimate was about $250.

He never bother to call me. When I got hold of him, he was all excuses again and complained that it was too expensive. I still got my money but it was such a PITA. So never again!:mad:
 
without doubt.... notify the plow company, no matter how nice, polite, sorry or what he "says" CONTACT his company. They are responsable, they should ins. on him.

unless you want to get the shaft.

Do not file with YOUR ins. company, file with the plow companies ins.

for the future ALWAYS call the police, always.
 
ric said:
without doubt.... notify the plow company, no matter how nice, polite, sorry or what he "says" CONTACT his company. They are responsable, they should ins. on him.

unless you want to get the shaft.

Do not file with YOUR ins. company, file with the plow companies ins.

for the future ALWAYS call the police, always.
Click to expand...

x2. In addition, IF you want to do the side deal, then just go to any bodyshop of your choice and ask them to give an estimate (as if you're paying cash). The bodyshop will gladly do it for you at no charge...and no, they do not report anything to the insurance company. With the estimate in hand, you can give it to the guy and ask him to pay you cash on site. This only works if the damage is minor and cosmetic. If the damage is deeper and thus the bodyshop did not see it on initial estimate, then you will be screwed down the road as the bodyshop fixes up your car. So, be careful.

I would do what ric said.
 
No luck contacting lanscape co.

So when I Googled the address shown on the truck's reg. it came up as a landscape company. I went to their website which listed a phone # and email address, neither of which worked. I then went to the address (it was a house!) and nobody was home. I noticed the truck owner's name and address on a piece of mail sticking out of his mailbox (seriously), which was kind of reassuring.

I'm thinking I'm just going to contact MY insurance company and they'll go through the plow truck's insurance since they'll definitely find him at fault. Next time I'm definitely calling the police, though!
 
Even though the damage is cosmetic, it's probably big bucks to replace it all. Even a bumper cover is several hundred dollars if you replace and paint it.

I've also learned not to file with the other guy's insurance company - I'd say to file through your own. Going that route, I've always had to fork out the deductible in order to get the car fixed immediately (they start it as an "uninsured" claim), but I always got my deductible back after my insurance company handled the situation. They have all the lawyers and collection people, so once they put money into it, they have incentive to get the money out of the people at fault. You're paying your insurance company a lot of money, so having them chase the other guy is well worth it. That also protects your rights - my insurance company has told me not to say a word to the other guy's insurance company when something happens. Your insurance company becomes your legal representation, should things get that messy. If you go straight to your own insurance, then you can decline to comment to anyone else and refer them to your insurance company.

As long as it's not your fault, the rates won't go up, so don't worry about not getting your own insurance involved for that reason.
 
Live -

In your first post you said

A town contracted plow truck
Click to expand...

Regardless, call YOUR insurance company TODAY.

Ultimately, it will be the town's insurance that will get the claim.

It is up to your carrier to sort out who is liable so don't bother doing more investigation.
 
Yea, I called my insurance company and filed the claim. She said that it was his fault since he was backing up. The guy called me tonight and was pretty bummed when I told him I already made the claim. I was kind of disappointed though because I, apparently, have to call the plow truck's insurance company to cover my rental since I don't have it on my own. You'd think that since his insurance is gonna have to pay for my damages anyway they should just include rental... Oh well, at least it's getting taken care of!
 
Your insurance company wouldn't pre-pay you for the cost of renting a car, but you could ask them to include that amount for you when they pursue the claim so that you could get paid back for it. That would be an alternative to trying to contact the other insurance company.
 
echo on the "been there done that" giving someone a break only to end up losing money. It's a tough world esp. these days so I understand your wanting to cut the guy slack....unfortunately the "real" world does not roll that way when it comes to insurance and cars. Just a reality of a working persons daily chores. Best you can do is hope it works out for him.
 
The adjuster came out today to my work so I parked right near the windows. Luckily I saw him show up and take pictures so I went out there to point out the minor things that the camera/adjuster may not have seen or cared to make note of. I'm very curious as to what is going to be included on the appraisal!
 
So does the guy even have insurance?

Unless your state has no fault insurance your company doesn't even have to be notified.

First, you always call the police. If you have no witness's he can deny it and you are screwed. Then your insurance company will repair your car because you have comprehensive and won't get a cent from him or his insurance company. Then your rates will go up and you will have an accident that is deemed "your fault" on your record because you never proved anyone hit you and didn't follow the proper procedure to file a claim.

Do you really think that his insurance is just going to pay $1000's to fix your car when you have no documentation or proof besides his word? I guess it is up to him admitting fault. Considering he wouldn't even show you his license, GOOD LUCK. Sounds like a real class act.

If I was a claim adjuster at his insurance company I would fight this and never pay a cent to you unless he made the mistake of admitting fault in the presence of witness's.

I have read cases for personal injuries caused by accidents that are not reported like yours. They go on for years and usually end without the person getting a cent.
 
Well, I'm not too worried about it since I took a bunch of pictures of the scene including my truck, his truck with license plate, and a great shot showing his truck's tire marks in the snow in relation to my front bumper! I think that these should provide enough evidence that he's at fault, although I can't be sure.

My insurance company already told me over the phone that they'll make payment to me and not subtract my deductible since I'm not at fault. Obviously, this could be reversed if his insurance company fought this, but I don't think that'll happen.

Can't wait to get the appraisal in the mail!
 
I guess I don't understand. Is his insurance company paying you or yours?

If yours is paying they may be nice this time and not charge you a deductible but the payout will still show up on your record when you go to renew or switch carriers.

If his is paying I guess I don't understand how/why your company got involved other than the fact that you didn't demand his insurance info at the scene. You don't usually report to your own insurance when another car hits you. (Unless they didn't have insurance or even a license)

Either way good thing you got pics.
Also, his insurance is required to let you take your car anywhere you want and also pay for a reasonable rental while yours is being repaired. You just provide the rental agency whith the claim number.

So next time call the police or at least get his insurance info along with drivers license and registration. If they don't want to surrender this info something is wrong. (Drinking, Drugs, No license, no insurance, Etc)
 
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Well, here is how I understand it: You always should contact your insurance company whether you're at fault or not. (This way anything you say can't be used against you)

My company will do all the leg work. They are paying me because I can get a check as soon as the appraisal is done which is the quickest way to get $$ (and they aren't keeping my deductible since, based on my description of the accident, I'm not at fault). Then my company will contact his company and get money from them. I am not at fault and my insurance won't pay for anything in the long run; which won't increase my insurance or count as an accident for me.

A side note, I forgot to get his insurance information since it was so shady to begin with (not giving me his license!). I jotted down the name and address on the reg. and took pics of the plate.

Next time I'll definitely get ALL info and call the police!
 
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