Off Topic - Auto Accident

[LORisAwesome]

Hi

 

I was hoping people here might have some advice for me -- A lawyer possibly.

 

I was hit yesterday in my 12 year old pickup truck, there is some damage to the passenger door.  The other driver provided proof of Insurance, but, I tried to file a claim and his insurance company said that it lapsed back in March.  I only have liability on my truck, so my insurance won't help.

 

Neither one of us had a pen, so it was hard to exchange information. I have his cell phone number - he doesn't answer or return calls. I also have an address for him, but it is a P.O. Box.

 

So he gave me fradulent information -- and he knew it when he gave it to me, which is making me very angry.   I have a copy of his proof of insurance card, he had extra's and he tore it off and gave it to me.  It came from a perforated sheet, so I'm reasonably sure it was issued by his insurance company..  According to the card, his coverage is good until November of 2013, but like I said before he stopped paying so they cancelled it.  If I had known that at the time, I would have called the police.  Lesson learned - always call the police when you are involved in an accident.

 

I'm wondering what options I have to try to get my damage repaired....

 

My only idea is to try to sue him in small claims court.

 

Thanks

 

Jerry

 

[caniac]

that is pretty much it, you could go to his place of employment but without a police report you may be screwed.  Even if it is only $25 in damage I always get a police report.  Had a similar incident myself.   She totaled my wife's new car!  Was driving with expired tags, no insurance, and expired drivers license PLUS she was out of state (Texas).  Cops took her off but don't know if she was arrested, she was a no show in court and did not list a local address where she would be at.  The only plus side was it totaled her car too so she was out transportation.

[caniac]

depending on the extent of the damage it might not be worth the effort to sue.  Even if you win in small claims court (which will be hard without a police report) there is no guarantee he will pay.  UNLESS he owns property (a house) then you may get a judgement that you can place on his house.

[Orville]

Sorry to say this, but without a Police Incident Report you are basically totally screwed and on your own.   Because you did not call the police, the judge will look at you like you're an idiot, believe me, I know, been there, done it in my early years.  So now if someone just "love taps" my vehicle I'll immediately call 9-1-1 and if they leave the scene it's even worse on them when they do get caught. 

 

Even a lawyer will ask you why didn't you call the police?  You might be lucky enough to find a lawyer that'll take it, but I wouldn't trust that lawyers reputation for being on the up and up, as most decent lawyers will tell you what I've already stated and say you're stuck with footing the bill for repairs to your truck, and being 12 years old, damage repair if more than current book value, they'll total it and give you the current market value which may not even be enough for a down payment on another vehicle/truck.

 

Wish you the best with it, but I think you're really out of luck on the legal side of it without a Police report.

Edited September 17, 2013 by Orville

[LORisAwesome]

I filed a police report today.  The officer said they will send him a ticket for driving without insurance.  He also said they will contact me with any updates.

 

Probably not much help though.

 

Jerry

[plasmadrive]

Around here they won't even take a police report unless the damage is over a certain amount.    Thru that police report there should be his info and from there you can serve him for small claims.  A lawyer would cost you way more then the truck is worth. 

[k6ccc]

Depends on the area. Several agencies around here will not respond to a TC unless there are injuries or major damage.

[Klayfish]

Sorry to hear about it.  I work in the auto insurance claims business, so this is right up my alley.  caniac pretty much hit it right on.  First, honestly a lawyer is a waste of time.  You won't find one to take your case, very few deal with these types of things.  There's nothing in it for them.  If you do find one, their fee will be as much as or more than the damage to your truck.  I don't know that the police report is going to make a whole lot of difference.  While it's a good idea to get one if you can, it's not absolutely necessary.  As plasmadrive said, some jurisdications won't send police for stuff like that, you have to go to the precinct and file your own report.  

 

Anyhow, if he had no insurance, your only choice is small claims court.  However, if he didn't pay his insurance premium, what are the odds he's going to pay for damage to your truck?  Stranger things have happened, but you're very unlikely to recover anything from this guy.  Sorry to break the bad news, but in my dealing with tens of thousands of accidents, this is usually how it goes.

[Orville]

Around here they won't even take a police report unless the damage is over a certain amount.    Thru that police report there should be his info and from there you can serve him for small claims.  A lawyer would cost you way more then the truck is worth. 

In Florida you don't have to call the police, but they always "recommend doing so", as this protects both drivers, just in case something like this comes up.  At least the police in my area WANT you to call, even if there is no damage or injury, they will respond, just not as quickly to one where vehicles can't be moved or injuries happen.   So they will work any emergency accident like that first, even if they were responding to the non-emergency accident.   Just know I've waited over 2-1/2 hours on the police just so I have a report for MY insurance company, as without that, they won't do much for you either.

 

So despite having to wait an excessive amount of time, I will always call the police in any accident I am involved in or have witnessed!  I'm one of the few that WILL remain at an accident scene, no matter how little or how much damage was done as a witness for the innocent driver.  Don't know if it still is, but it used to be a Felony in the state of Florida if you saw {witnessed} an accident and left the scene.  Not sure if they ever reduced that to a misdemeanor or nothing at all now.

[Orville]

Around here they won't even take a police report unless the damage is over a certain amount.    Thru that police report there should be his info and from there you can serve him for small claims.  A lawyer would cost you way more then the truck is worth. 

Not even if you call and demand one?    Should not matter how small or large the damage is.  Every court show I've ever watched, including those accidents that have happened in California, the judge has always asked: "Where is the accident or police report on the accident".   When one of the folks say they never got one because the police don't issue them, every judge I've ever heard has said "that is preposterous", the police ALWAYS issue police reports providing someone CALLED the police and reported it.   "Apparently neither one of you called it in!"   And that was, in every case I've seen, been the truth, NOONE called the cops to report it!

 

So I have a difficult time believing California would NOT send an officer or write a report if an accident is called in.   They WOULD NEVER do that in my state of Florida, you call, the police come and they write an accident report.

Edited September 18, 2013 by Orville

[LORisAwesome]

Thanks for all the advice on this.  My truck is still driveable, it just has a dent in it on the passenger side door.

 

At this point, I am just angry, and want this guy to face some consequences.  It just burns me that he pulled this.

 

The police officer said they will send him a ticket.  I'm guessing if he doesn't respond, they will issue a warrant.

 

Jerry

[plasmadrive]

Not even if you call and demand one?    Should not matter how small or large the damage is.  Every court show I've ever watched, including those accidents that have happened in California, the judge has always asked: "Where is the accident or police report on the accident".   When one of the folks say they never got one because the police don't issue them, every judge I've ever heard has said "that is preposterous", the police ALWAYS issue police reports providing someone CALLED the police and reported it.   "Apparently neither one of you called it in!"   And that was, in every case I've seen, been the truth, NOONE called the cops to report it!

 

So I have a difficult time believing California would NOT send an officer or write a report if an accident is called in.   They WOULD NEVER do that in my state of Florida, you call, the police come and they write an accident report.

I suppose you can force the issue and they will take it over the phone.. but if the damage is less than $250 they will try to talk you out of it.  They have "better things to do"... this is from personal experience and perhaps not policy.. not sure.. I have never read any of the regulations regarding police reports and accidents. 

 

I even got hit once and it totaled my truck.  It was across the street from the fire dept and they responded because of the horrible sound it made.  A cop showed up a bit later and I asked him to take a report and to cite the other driver.  His response was that both had insurance, no one was injured, no need for the paperwork, but if I wanted a report I had to call it in.  He hung out and chatted for a bit, nice guy, then took off.   Clearly the other driver was at fault but the cop did not want to issue him a citation.

 

Damage to my truck was total at $24k and change.  And to add insult to injury, it was the very day my wife sent in the last payment.  And it wasn't Friday the 13th!

[Klayfish]

Not even if you call and demand one?    Should not matter how small or large the damage is. 

 

In some jurisdictions, no.  What they'll tell you is that if it's a minor accident and nobody is injured, to just exchange info.  If you really, really need a report, they'll tell you to go to the precinct and you can fill one out yourself.  If you "force" them to show up and they see it's a minor accident, they'll be:  1) mad as all get out....  2) just hand you an info exchange form and leave.

Edited September 18, 2013 by Klayfish

[Ralph Priest]

You might want to check with your local DMV; some states allow you to sue the Uninsured Motorist Fund for your losses.

[Surfing4Dough]

Most accidents in my area, if you call the cops, they just tell you to exchange information, unless somebody is hurt.  Found the same when I lived in Pennsylvania many years ago as well.  Orville, I am not sure that court shows on TV are the most accurate portrayal of the "real" world, and citing them as your source of "expertise" doesn't help to strengthen the value of your opinion on the matter.  Just sayin'.

 

My guess is that you could find a lawyer that would be willing to draft a "threatening" letter to the individual indicating that it would be much easier for him to cover the expenses of fixing the vehicle than to face your pending lawsuit against him, especially since it is probably fairly easy to prove his fault (based on the location of damage on the vehicles), his giving of fraudulent info, his lack of required insurance coverage, etc.  He may fear the repercussions of that and just pay the damages (include a reasonable quote for the damages).  If he doesn't, then you can then decide how to go from there.  Would be fairly inexpensive to draft such a letter. Worth a try in my mind.   (I think I saw them do this once on LA Law. )

[LORisAwesome]

I have an update....

 

It has been a couple of days since I called him, and left a message regarding his lapsed insurance.  Well, he surpised me and called me this morning.  (I figured I would not hear from him)  He said he is going through a divorce, and wasn't aware that his soon-to-bo ex-wife had let his policy lapse. 

 

He said I should get an estimate, then mail it to him, and he would pay the cost of the repairs.  He went on to say that he is getting new insurance, and we could say the accident happened on a day after his new insurance is in effect.  I told him that I thought that was dishonest, and I won't do that.

 

I am skeptical about the ex-wife story, especially after he then wanted to defaud an insurance company.

 

I will send him an estimate, but, I won't have any repairs made until I have the money.  I'm thinking it may just be a stalling tactic to keep me from going to the police.  I guess we will see.....

 

Jerry

[ItsMeBobO]

Sorry this is going on Jerry.     Not only dishonest,  he would get caught since there is a dated paper trail he doesnt know about yet.

[Klayfish]

At least he called.  Definitely don't get involved in his scheme of saying the accident happened the day after he bought his policy.  Part of my career in this industry was spent as a fraud investigator.  I could sniff those claims out a mile away, and all insurance companies have people like me.  So if he wants to do that on his own, that's his deal, but don't get into it.  Get your estimate, send it to him, let him make the next move.

[marsh28]

Jerry.  I'm a licensed attorney in Missouri and Illinois.  Although I don't do vehicular stuff, I've done some in the past.  PM me.

[TonyD]

I believe I have "uninsured motorist" coverage on my policy. If you have the same I wonder if it would cover in this case even though you don't specifically have collision coverage.