Two curious questions needing answers concerning guardrails and self insured cover up

This is interesting as hell. This is just my opinion, not nessesarily the facts:

In my opinion, the insurance company should pay, so in other words the company is responsible not the individual driver. If the driver is a O/O sole proprietor etc. then that driver is on the hook but in this case their insurance should also cover it.


If the damage was intentional----i.e., removing a road sign, lost mind went on a rampage, or terrorist attack etc., then the individual(s) responsible for any damages should pay.

 

All parties to the incident are responsible for the damages. Based on what I read, the driver and the owner of the vehicle are both responsible. If you are driving your POV and are involved in an accident you submit the information to your insurance company. The other party does not sue your insurance company. They sue the driver and owner of the vehicle, the insurance company will defend their insured to the limits of their policy. Any claim or settlement exceeding the limit of the policy will fall on the driver and owner of the vehicle. The sticky part here is the self insured company and Pa. liability laws. Get you own attorney and sue the company on a counter claim and defend against the Pa. DOT.

 

Every self-insured company should have an agreement with a professional company to administer the insurance... this info is a public record. Any good lawyer can get this info and start proceedings to recover for her injuries.

She is responsible for the damage to the guard rail as is her company... and that insurance will cover the damages... yes they can repair the truck themselves... and how did the State Police get involved if there wasn't an accident report filed?

Many accidents are never 'investigated' by the DOT...