I had an accident in my personal vehicle..

Discussion in 'Ask An Owner Operator' started by joseph1853, Jan 11, 2019.

  1. rank

    rank Road Train Member

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  3. mover man

    mover man Road Train Member

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    Rank you are CORRECT I absolutely did know the law can take a dim view of slamming on your breaks.
    However that does not change reality. #### HAPPENS be prepared.
     
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  4. joseph1853

    joseph1853 Road Train Member

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    She pulled out in front of me I hit her in the side. T-Bone basically.

    But yeah I agree it's in one of the rear end it's going to be your fault every time.

    That being said there are cases where it's not your fault. such as in the case of somebody pulling in front of you and deliberately slamming on their brakes just to try to collect insurance money.

    Proving it well that's another matter.
     
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  5. joseph1853

    joseph1853 Road Train Member

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    Update 1/28/19
    So here's an update on what's going on with this deal.

    Her insurance rejected my claim and my insurance has rejected their claim.

    My insurance says that because I only had liability on my car that they're done with the case cuz there's nothing else they need to do as far as fixing my car and such.

    So I'm on my own as far as getting compensated for the damage is done.

    I ended up talking with the sergeant over the guy that wrote the crash report. he said basically what I thought he would that there's nothing I can do as far as getting the officer to change his report or add an addendum or something.

    I told him I had pictures proving that the lady was in the middle of the lane when I hit her. the picture shows a skid mark going directly to her steer tires from the middle of the road.

    He said it doesn't matter basically those pictures could be doctored or something along those lines.

    So I guess it's down to me taking the insurance company to small claims court basically.

    I'm in the process of doing that.

    My wife says I should just drop it take it as a learning lesson.

    I told her that's exactly what the insurance companies hoping I do.
     
  6. rank

    rank Road Train Member

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    I-283 EB in Manhiem, PA. I am in the granny lane and a VW Jetta in on the on ramp when she crosses over the solid line into the granny lane in front of me. She merged at ~35mph and I tagged her in the LR with my RH doing ~55. That sent her into a spin that totaled her car. She told the cop "I was just driving along and the truck hit me in the rear". I told the cop she merged incorrectly because she crossed the solid line not the dashed line. .

    I didn't have my dash camera on (figures) but I was able to prove it to the cop by showing him pieces of her broken tail light at the point of initial contact. She was charged, plead not guilty and the commonwealth summoned me to appear as a witness
     
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  7. joseph1853

    joseph1853 Road Train Member

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    Dang.
    that reminds me to keep an eye on people getting onto the highway. But I'm glad you were able to prove your innocence apparently that's a rare occurrence with truck drivers.
     
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  8. rank

    rank Road Train Member

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    Required some fairly quick thinking during a stressful moment for sure. I was almost certainly going to be charged.....cop even said.....”So you did rear end her is that correct?”

    Had to tell the highway cleanup crew to not sweep up that debris until the officer saw it. Also took pictures for my records. When you are innocent, there is always a way to prove it.

    If you took pictures and measurements I am quite confident you’ll win your case against the Ins co. Whether it’s worth your time and money is up to you
     
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  9. joseph1853

    joseph1853 Road Train Member

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    Thanks, I'm thinking there shouldn't even be an argument, but it did look like from were her car was sitting that I could have went over into her area but that being said her area was actually 8 feet in front of the stop sign line.. Her bumper was actually a foot or so out in the lane. Apparently the police officer thought that that was the "designated stop area".. You would think the officer would have the since to know better but was not the case.
     
  10. rank

    rank Road Train Member

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    “Faulty evasive manouvres?” Lol. That phrase begs the question, why did you need to take evasive manouvres in the first place?

    I don’t imagine the Ins co is going to spend much time on this. They’ll settle with you but you’ll have to show them you’re serious by filing a suit.

    Are you in a no fault state? Are you even allowed to sue them?
     
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  11. joseph1853

    joseph1853 Road Train Member

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    I'm in Texas and Texas isn't a no fault state. Not sure what exactly that means in my situation but there it is..
     
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