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In reply to the discussion: I need to vent... [View all]

NJCher

(38,347 posts)
8. It kinda' boils down to how much you want to fight for yourself
Sat Feb 11, 2023, 09:45 PM
Feb 2023

It is about 99% certain that the truck company's insurance requires them to report it, regardless of who they think caused the accident. The crucial thing is do you have the truck driver's license plate #? Even the company name.

If you don't have that, you can still possibly track it down but I won't get into how to do this at this point.

Even if you don't, it's still going to fall under no-fault (I would assume CA is no-fault).

However, based on what I am telling you in the first paragraph, you can get this driver in a world of hurt if you have a way of contacting the truck company but especially getting the insurance company name. You want to make sure he takes the blame for what he did because you don't want to be stuck paying your own deductible. Even if he didn't see you, it doesn't matter. It's still his fault.

I know this not only from personal experience (had nearly the same thing happen to me) but also because I used to have a nonprofit legal association and we saw a lot of this "boys' club blame game" thing happen.

You have to be very assertive with your insurance company that you were not at fault. Insurance companies can be odd to deal with in this regard. You would think they would fight for their client, but I have seen them sell out their clients. They just want to get the thing taken care of and raise prices to cover their loss. That is, unless you are a PITA customer (like me).

They will know what happened when they see the pics. This is not a strange accident. They see this stuff every day, day in, day out.


-----------

re your second sentence:

I think you can see from where he hit me that my car was in front of his rig going for the same space ahead.

Your insurance company, if you can convince them you are not at fault, will have access to accident reconstruction people who can tell at a glance what happened in your situation. You should insist they run the pictures past them, along with telling them your story.

Your problem is going to be that this is small potatoes to them. They won't want to spend the time or effort on you, so you have to be very assertive. It's nice if you have a friend who is a lawyer, but you really can't afford to hire one for a case of this size. Insurance companies are more careful with you when they know you know the law or when they know you have access to an attorney.






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0 members have recommended this reply (displayed in chronological order):

I need to vent... [View all] SleeplessinSoCal Feb 2023 OP
Sounds like a bad day. pandr32 Feb 2023 #1
Thank you so much. SleeplessinSoCal Feb 2023 #3
Those big trucks can't see us. pandr32 Feb 2023 #6
I'm afraid you are looking at Mr.Bill Feb 2023 #2
Whoa! Even my backyard mechanic would probably charge more than $2000. Beakybird Feb 2023 #4
was there an accident report? NJCher Feb 2023 #5
the truck driver took off right after hitting me. SleeplessinSoCal Feb 2023 #7
It kinda' boils down to how much you want to fight for yourself NJCher Feb 2023 #8
Now that you say all this... SleeplessinSoCal Feb 2023 #9
I am sorry for that. You should at least complain to your local police department question everything Feb 2023 #10
Thanks. SleeplessinSoCal Feb 2023 #11
Update: SleeplessinSoCal Feb 2023 #12
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