| Author | Message | ||
     Firebolteric_ma |
I am looking for a little guidance here; Sorry for the long Post The one day I could use my cell phone and it is on my desk...With a dead battery.. 6/30/08...I am Driving down the mass pike, getting on 95s. Go through the tolls and start getting up to speed, roughly 50-60mph. I am in the far left lane when all of a sudden a Tractor Trailer comes rolling by me a side swipes my truck and pushes me into the median. The truck is not to bad as I kind of saw him in the side mirror right before he took it off the door, and was able to swerve to the left as this was all happening...Real quick like too. Anyways he side swipes me and just keeps on trucking. I am at a complete stop in the median at this point, I was a bit in shock I guess as it took me a second to figure out what just happened. Once I got my composure back, realized this guy just did a "hit and run", the chase was on. I catch up to him and try to flag him down, pointing to my (L) side of the truck w/ the mirror flapping in the breeze, he looks at me and looks straight ahead and won’t look at me again…Nothing! I decide to grab the trailer/cab license plates and the trucking Co. name as my exit is coming up. After I get the info I try and flag him down AGAIN!!! Get right in front of him and point outside the window to pull over, I pull in the breakdown lane and he rolls right buy me again...WTF!!! I take my exit, tell the toll worker, he points me to the parking area and tells me they will call the state police. He does and there is a big accident on 140(?) and they are busy on this call and could I go to the barracks a few miles back. I say sure why not. Get there and tell the statie, he looks at the damage and proceeds to call the trucking company. They say they will pay for everything. He gives me the info to call and I do so when I get to the office...No police report and no on gets charged.....Weird I think, I get charged for everything I do wrong… The trucking co. takes my info and tells me it is under investigation, The driver says he was in his lane and I tried to cut in..?????....I say "So he saw me then?!" & aren’t big rigs prohibited from the left lane??? She proceeded to tell me this is an investigation to see who was at fault. I am like BULLSHIT! This is a claim NOT a investigation… I call the state trooper and request a accident report and want to press charges, he asked for the ladies info I spoke to and calls her. I get a return phone call from him and he says they will pay and I will receive some info in the mail from the trucking co. in about a week. 2 weeks have gone buy now, (My insurance co was contacted the same day) I am covered for this on my insurance (- the deductible of 500.00). I have rec'd any information from said trucking co. My insurance says I should have gotten a report which would help prove he was at fault and save me the deductible, also as they would need to pay it. I called the statie again today only to get told that insurance co. suck, and they make us do all the leg work, there is no info for him to file a report, and to wait for the package from the trucking co, I bitched a bit so he called the trucking Co up again, I missed the return all by 10 seconds and return his call only to talk to a dispatcher who said he is on the road now and he will leave a message….WTF!!!!!Ahhhhhhh I am at a loss of what to do here, This all seems a bit shady to me. I am tempted to get legal advice, but don't really like lawyers. But it would be nice to have someone pay for some track days…LOL Which is why I ask here as to some opinions as to what others would do in my shoe's...I kind of feel like I am getting brushed off on this, which pisses me off more than the actual accident itself…. Any help is GREATLY appreciated..... | ||
| Crusty |
Get a Lawyer. You're about to get screwed Royally. | ||
| Madduck |
I have standard advice in all these situations, hunt down and shoot the SOB. If the insult does not rise to that level of outrage, just walk away. Nothing will get better by added complication. If you get me on your jury panel you will have one vote for justifiable homicide. | ||
| Jb2 |
Firebolt_ma, Hey, I work in the collision industry and we deal with these situations everyday. You have a few choices here... First, you pay your premiums and part of the ins. company's responsibility is to represent you. We recommend that you use your insurance company and let them settle your case. It means you'll have to pay your deductible up front but if they win you will get it back when they settle your case. Our daughter was rear-ended this January and that's exactly the steps we took after six weeks of avoidance from the other party's high-risk carrier. You can fight it yourself or hire a lawyer but you may spend a whole lot more than your deduct if they rule against you. Laws vary from state to state but "leaving the scene" in Indiana constitutes an admission of guilt unless you can prove you didn't know the accident happened. He's already admitted that he did see you. I would file all the necessary state forms related to accident and let your insurance company fix your truck and fight your case. Their win rate is pretty high. JB2 (Message edited by jb2 on July 14, 2008) | ||
| Loki |
The trucking co. is gonna drag their feet till you give up. I hope it wasn't a CELEDON driver.... (Message edited by loki on July 14, 2008) | ||
| Massgirl |
keep in touch with your insurance company call the trucking company again and bitch and if need be, then get a lawyer...its definitely going to take a lot of time though..especially since your from MA, haha | ||
| Swampy |
Did you get the trucking company information? USDOT# Truck # License Plate? File a complaint with the Federal DOT, they have an office in your state. All written complaints generate an investigation. In your letter state that you are concerned about serious safety violations ,including, hours of service, drug and alcohol violations, and equipment violations, due to the drivers obvious lack of concern for your safety and that of other drivers due to the accident that he caused. I used to investigate complaints like that. | ||
| Reepicheep |
Seems to me like you ought to be able to pursue a hit and run report from the state police. That and your insurance company are the only "sticks" you have. | ||
| Natexlh1000 |
Did you fill out an accident report? You absolutely need to if not. | ||
| Benm2 |
EVERYONE involved (other than you) is hoping this just goes away. If I read right, the situation is "resolved": you're getting your truck fixed, YOU lost $500 (your deductible), and you'll pay your increased rates (after all your a known quantity and have paid your bills in the past). Make yourself a pest: Call the trucking company every day, work your way up the food chain there (be polite!) till its resolved. Ask to speak to the president of the company, and so on. Look it up on the internet, find the main office number. Find out who runs it. Find out who their carrier is. Stay on top of it. It wouldn't hurt to talk to a lawyer, but they'll want a big payout & will make a mountain out of it. Your insurance company's lawyer probably will be no help: it isn't worth their time to get involved in a resolved issue. If he were suing you cause he hurt his neck while running over your truck, they'd be right there to defend you. Otherwise, you're on your own. I had a neighbor accidentally back into my car while it sat in the street. He told me immediately & gave me his insurance company's info. I called same day, and it STILL took over two weeks to get a resolution (ie the check for the bodyshop to repair the car). Getting that resolution involved me calling the customer service line for the parent insurance company & working my way around. By the time I got my check, I could recite the customer service number by heart. Good luck, and I'm really glad you came out okay! | ||
| Irideabuell |
I would definitely contact the DOT office. Here in Florida they have been more than helpful with me regarding any issues with CDL vehicles I've had. You might be surprised to find out that they will go that extra mile to get such a careless driver duly punished. If you saw what standards individuals with CDL's are held to you would understand. | ||
| Firebolteric_ma |
Thanks for all the Good Replies! I am on it now that I have a path to follow. I will be contacting that trooper one more time...I will then speak to his supervisor and then his if need be. I will also be contacting the Federal DOT today to file a complaint. I DO NOT want to pay anything on my insurance AT ALL... I will keep all posted as to my results... Thanks Again Badwebbers!  | ||
| Hammer71 |
I didnt have much time for my reply there Eric but also mention that in other states (ie. NY) leaving the scene of an accident is an unclassified Misdemeanor. May very well be one there as well. | ||
| Paint_shaker |
What Hammer said applies in Florida as well. I would be insistent on a crash report from the State or local police. | ||
| P3newbie |
Just one more tip, document everything you do from your end. If they try to give you the run around, you'll at least have some back-up. Sometimes the goal is to frustrate you so that you'll give up and go away. Make sure to get times, dates, names, and anything else you can get from them. I work with documentation on a daily basis, the more you have the better you are should you need to pursue legal action. Plus, it gets challenging to remember every detail. My .02 | ||
| Thumper74 |
+1, Get a notebook. Whenever you make a call/recieve a call, note the date, time, person, and notes on the conversation. | ||
| Damnut |
He probably thought you where a lot lizard and was trying to get your attention big boy..............  | ||
| Azxb9r |
As Jb2 mentioned, your insurance co. should be going to bat for you on this. Insurance companies hate having to pay. If the other driver was at fault, your insurance should be going after them to save themselves money. | ||
| Swampy |
Go here: http://safersys.org/CompanySnapshot.aspx Type in the USDOT# in the search window and you can find out alot about the trucking company, also there are licensing and insurance links at the bottom of the page. | ||
| Firebolteric_ma |
yup, I am letting the Insurance Co. deal with it. If I can't shoot him, It isn't really worth my time. Thanks for the replies... (Message edited by firebolteric_ma on July 15, 2008) | ||
| Fresnobuell |
I had a similar experience with a pickup truck (commercial) dropping rocks on the freeway. Long story short, my insurance company suggested strongly that I open a claim as their collection department cannot do a thing until there is money spent (on my claim.) After 2-3 weeks, I received a check to reimburse my deductible. Let the insurance company do the work. You | ||
| P3newbie |
One more thing, I talked to my insurance department today and got another recommendation, ask for a reference # on calls to insurance companies, they record most, if not all calls. Good luck, don't get frustrated, and always be direct and polite. | ||
| Lost_in_ohio |
Wifes van got hit by a chunk of Ice off of the top of a walmart truck shattering the windshield. She got the license number and truck number and location. They took care of it, no problem. I had the windshield installed and faxed them a copy of the receipt and I had a check in about a week. |
