Well Saturday I decide to go to Berkeley because I like that city. Coming off of the Ashby exit there are two through lanes and one left turn lane. I'm driving in the right lane and notice it is blocked by cars trying to turn right because of pedestrians. I proceed to get into the middle through lane, as I proceed towards the intersection a woman in the turn lane decides to go straight, and turns out from the turn lane and right into the side of my pickup truck. She turned through a solid white turn lane and past a turn signal. My rear bumper catches the front end of the newer VW jetta and I pull the front end off. Stupid woman driver put a big dent into the side of my bed and my bumper is bent to hell but repairable.
What should I do? I gave a statement to my insurance, but I don't have collision. I'd like to get a new/used bumper and probably compensation for the dent into the truck bed or maybe a 5 gallon bondo bucket.
Thanks folks!
Was there a clear determination of fault? Because if there was, you could probably get what you wanted through her liability coverage - the way you put it she was pretty clearly at fault.
Was the Jetta driver found at fault? Sounds like she should have been, go after her insurance for the damages. That's what it's there for.
Curmudgeon wrote:
I like to berkeley too.
And I thought I was the only one who drove a truck in there and came out wrecked.
The cop who showed up wasn't very interested and didn't want to get involved, I don't blame him. No police report was done the cops are busy and have bigger fish to fry. Hopefully it works out, I might have to make a statement to a AAA rep. I found the google street view and you can see the solid white line.
bigdaddylee82 wrote:
Was the Jetta driver found at fault? Sounds like she should have been, go after her insurance for the damages. That's what it's there for.
- Lee
this... if you didn't get her info then you are likely berkeleyed yourself...
as for the cops... that amazes me... everywhere I've ever been the cops certainly would decide someone was at fault and bring in an extra few hundred bucks to the county tax office
I learned from a friend of mine (who worked in the Auto Claims industry at the time) back when someone did something pretty similar to me in my Miata.
What I learned is that (at least where I'm at, Missouri) the insurance companies don't care who the police say are at fault (or if they even make a determination). The insurance companies will take a statement from the people involved and make their own determination.
They will probably weight the evidence of a ticket issued to the other driver, or a police report...but when it really comes down to it...the insurance company is the one making the determination of fault.
I was a little surprised to learn this...
Call the other driver's insurance company's claims department, tell them what you said above (keeping it VERY plain and to the point), and they should decide it was her fault (in my opinion, from what I've read).
Clem
Be careful, without a report or an eye witness, it'll probably just end up a "no-fault".
I've found this out the hard way twice. The first time a dillwad ran a red light and t-boned my wife's SUV. EVEN with a police report saying it was the other driver's fault, it took a lawyer and one year to get a settlement from the greedy lizard insurance company.
Second time the other driver tried to say it was my fault (that he drove his car over a solid whit line into my car). Luckily a witness came through on my side and settled it without hassle.
Cone_Junky wrote:
Be careful, without a report or an eye witness, it'll probably just end up a "no-fault".
Yeah...that's the tough part...and there's not an easy way out of that, I'm sure.
The police should have made a report, and ticketed her. Now with no report, she can say anything. You may end up having to pay her, and damages. You may have to pay her medical too. That cop did you a great disservice by not doing the report. Keep us informed on how it pans out.
Sonic
SuperDork
10/14/13 6:24 p.m.
ClemSparks wrote:
What I learned is that (at least where I'm at, Missouri) the insurance companies don't care who the police say are at fault (or if they even make a determination). The insurance companies will take a statement from the people involved and make their own determination.
They will probably weight the evidence of a ticket issued to the other driver, or a police report...but when it really comes down to it...the insurance company is the one making the determination of fault.
Call the other driver's insurance company's claims department, tell them what you said above (keeping it VERY plain and to the point), and they should decide it was her fault (in my opinion, from what I've read).
I work in the industry, and this is right. Call her carrier, give your statement, and they will then decide liability. From what you said here, liability is in your favor as you were going straight in the correct lane, she was entering the lane you were established in, and the point of impact to her front corner and your rear side are favorable to your case.
The reason we don't just go off of the liability of the police report is that 98% of the time the officer didn't actually witness the crash, and how often the police reports are very poorly done, inaccurate, and/or just wrong. Speaking with people, as soon after as possible, is just about always the best way.
One of my 325ix's got totaled last December in a similar situation. The police didn't show up, in Minneapolis if there are no injuries they just say to file a report. Anyway, as mentioned above the insurance companies interview both parties and determine who is at fault. Fortunately, the guy who was behind me in traffic offered to be a witness so I gave his contact information to the other person's insurance company. Based on what I had to say, along with the witness backing me up, they ultimately decided their party was 100% at fault. After a little negotiation they gave me a fair settlement.
Looks like AAA is taking the blame and I'm bringing my punky truckster to the body shop for an estimate tomorrow or friday. Can't wait to see the body shop guys face, the truck is a bit rough on the edges.
Thanks for the help folks.
Excellent...glad it's going in your favor to this point.
Well, my trip to pick up Bob Costas yesterday was thankfully uneventful.
Well it looks like the estimate came out to 1700$ which amounts to something like 80% of the trucks value so it might end up totalled. As long as I get to keep the truck I don't care it already has a salvage title so it will be double de salvaged. Just like jerry maguir said "show me the money."
Any tips or suggestions are appreciated.
You say this truck is rough? Take any insurance payout, hammer/pull the dent out the best you can, rattle can it if the paint flakes, and move on with life.
The rougher the truck looks, the better people will try to avoid hitting it.
benzbaronDaryn wrote:
The cop who showed up wasn't very interested and didn't want to get involved, I don't blame him. No police report was done the cops are busy and have bigger fish to fry. Hopefully it works out, I might have to make a statement to a AAA rep. I found the google street view and you can see the solid white line.
WTF?
go over his head and complain? it's his GD job to get involved and make a report, no matter how "busy" he thinks he is. they are there to protect and serve, sounds like he is not interested in doing his job, and should be demoted to fast food line cook ASAP.
