You would do - (fill in the blank) - in this situation?

I don’t want to be “that guy” because I don’t subscribe to the mentality that everything is the truckers fault, BUT, you had 2 minutes of air horn time that you could have used to slow down and avoid an accident all together.

Edit: go through insurance. Wouldn’t surprise me none if that other company’s driver says you swiped his trailer and now his back hurts lol. And repairs you describe sound higher than $10k.

 

I think you have no way to prove fault. Does the police report lay blame on the other driver, or is it just your statement ?

 

Here's the deal. The PSP report will dictate fault, and if the PSP believe you were run off the road by another truck driver that didn't stop after the collision they will hunt him down. Leaving the scene of an accident with a CMV is a mandatory CDL suspension.

It is probably best to inform your insurance company about the crash and begin a claim presuming you have physical damage coverage on your truck. If you don't have physical damage (aka comp and collision) don't file the claim because you will end up with no money from your insurance and a crash noted on your loss run.

Keep in mind, you won't be able to keep the crash from your insurance company completely come renewal time since state police did a report it will come back on your driver license as being involved in a CMV crash. They will find out about it. Only question is how much will your premium go up? A lot with a payout or a little with just a crash on your record but no loss paid out?

 

You definitely have to tell your insurance company so they can start creating a claim in case they need to pay to fix your truck. If the other company accepts fault and pays then just call your insurance and cancel the claim that was started. If there's no proof (witnesses, traffic cams, building cams) it will just be he said she said and you will be entirely dependent on the other company believing your claim because their driver could just lie when asked.

But going over a guardrail and only 3k in damages? A new bare hood alone can cost over 6k. Add in painting, any little bits attached (grill, lights, intake vents etc), and labor and you're easily looking at over 10k. Even full used hoods cost more than 3k.

Get an estimate from a shop before accepting any payouts.
Oh, and BUY A DASHCAM

 

I hit a deer a couple years back. Its was over 6k just for the left fender.... 2020 Western Star 5700. Insurance ate all but 500 of it.

 

$3k?

Don't want to sue?

Why?

I would have my lawyer go after them for at least $25k, this includes the losses incurred with the truck being off the road, the loss of the driver's wages for the duration, the repairs for the truck - which would be a lot more than $3k - and the legal fees incurred in pursuing this.

Don't act like this is a little thing, it is a big thing and many of these drivers think they can drive like morons and get away with it. The carriers need to pay for this crap.

 

Skipped some. Call your insurance company and start a claim. They will handle repairs and represent you. Now the team of lawyer your insurance company have will pursue the other company. It what you pay them for. Do not mention used parts. Everything needs to be OEM new.

 

How much was the tow? Sounds like alot of damage.
You said it yourself 3k is cheap and off the hook for them. I think you are under estimating your loss

 

One question for you, and I am NOT being critical of you. When you saw he was not going to yield why didn't you slow down enough to avoid him and the guard rail? I understand about the grade etc. Just seems to me the entire thing could have been avoided. I hate people that don't yield to thru traffic, I guess they don't teach that any more. They cause havoc and keep on trucking never looking back at the carnage they leave in there wake.
I would not forget the down time involved in your repairs. The depreciation value of your truck which will be lower (on paper) because of the damage IF you turn it in to your insurance. The company that was involved knows all these things. 3 K is not enough in MHO

 

Insurance and lawyer for certain. This will go on your record as an accident. As long as there is evidence, and the police write it up properly it will show you were not at fault but will show regardless. As others have stated the repairs will be more than what you expect, as well as the insurance increase, you can also recover wages for the downtime. On top of the damages the other driver was involved in a hit and run, a criminal offense. This driver is a danger to the motoring public. Thankfully you were not harmed, but if you let this go think about what happens next time when he hits a 4-wheeler with a family in it, or a motorcycle. How are you going to feel because you let it go. On top of your own financial loss and recovery as a professional you have a duty to take action against this driver. We have to look out for each other, and sometimes that includes holding bad drivers accountable.