My sons car was hit while parked - Need Advice

15 years ago

A long story short as possible my sons car was hit while parked on the curb at our house. The guy said he lost control of the truck he was driving. Police were called but for some reason the officer said he was not going to file a report. Well the guys was in his in-laws truck but covered. Well now they aren't responding to calls from their insurance so were not getting paid. The insurance says the only other way even though the guy admitted fault in front of the officer was to provide a report which the officer did not mess with. So are we stuck out?

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Comments (9)

beachplant
15 years ago
Sic your insurance company on them. Keep calling them. Tell them you are going to file uninsured motorist or hit and run, they will battle the other insurance company for you. Did you get the officers name? You can also get a statement from him. He doesn't necessarily need to make a report, usually a statement will do it.
Good luck! I was hit by a drunk last year who tried to PUSH his car from the scene. Fled, captured by police-with me chasing him-had to be maced in the police car. No insurance, license, expired tags, car registered to someone else, expired inspection sticker, fake address on what was probably a fake ID, guess what? The DA pressed charges and the guy ACTUALLY paid me!! Every month for a year.
You can also call the guy that hit you. Take him to small claims court-you can get the cop as a witness. Don't give up!!
Tally HO!
pjtexgirl
15 years ago
ditto
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Glad that it wasn't a bang on the driver's door, girl! Not long after I got this car, I thought that I went into an intersection on a green ... and a car that came through three lanes hit on the driver's side ... but back at the back tire area. I was ... substantially ... very substantially ... thankful! It seemed to be the general concensus that I'd run a red light ... but I figure that he ran a yellow, as when my car had been turned around about 180 degrees - there, staring at me through the windsheld, was a green light, in the same direction that I'd been travelling ... and if I'd run a red light, it should have been red! Anyway - I also like to pick spaces in parking lots where I can drive out (but must confess to being a bit too lazy/(mis-guided?) to back into empty spaces). I hear that a bit of a longer walk is good for one's constitution? By the way ... did you say that the grandkid is wanting a car? Hhm-mm-mm-m! Hope that the rest of your weekend goes better. I, too, value my wheels ... and one needs be extra careful around here, for if one in 70s or higher is in a fender-bender or two, one is liable to get a letter from the Ministry of Transportation to say that they are cancelling one's driving permit. We have a discussion session of about an hour and a half with about a dozen others, with a test of knowledge and signs, with some being selected for a driving test, every two years after age 80. ole joyful P.S. As I was fairly sure that there were still quite a few good miles in that little 20-year-old Mazda that I'd bought only a few months earlier, after the accident I chose to repair it, at a cost larger than I'd paid for it ... partly for environmental reasons, as it costs a great deal of scarce and precious fuel to dig iron ore from the ground, smelt it, then carry it through all of the manufacturing operations ... plus add quite a lot of petroleum-based plastic, to build a new one, but repair is mainly a lot of work. In addition to the amount that's added to global warming ... and pollution. o j
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rick_mcdaniel
15 years ago
If you know who the owner's insurance is with, you call them and tell them they are going to get sued, if they don't pay for your damages. Odds are they will pay you. (Don't fail to mention you will file a complaint with the BBB, and with the state consumer agency, as well as the local media. Negative publicity will move them more than anything.)

You can sue the insurance company, and the driver, in small claims for damages, plus costs, plus attorney's fees.

Make sure you have enough evidence to convince a judge, though. You are under the burden of proof. If you have no experience with these matters, do hire an attorney, but research who will do a good job, as there are good attorneys, and some positively awful ones.
necia
15 years ago
Weenerdog, I met you at the FT. Worth Swap. There is no way in the world that you are old enough to have a driving-aged Son! You look like you are in your 20's!!!

=)Necia
sylviatexas1
15 years ago
Rick's right-
Coverage on the car is primary, so you look to the car's owner first.

At the same time, I'd go to the police station to have a little discussion with the officer's superior about that incident report.

It should have been filed.
weenerdogg
Original Author
15 years ago
Well my brother just called the policy holder/vehicle owner and basically said it wasn't their problem. They loaned to their daughter not the son in law and they weren't going to pay as they had to pay 2000 just to fix their own vehicle. I'm not sure how that is my problem. My own insurance won't help me as I don't have collision (it's a 17 year old car). I do have uninsured motorists but the owner has insurance but since the driver didn't shouldn't that cover it? My hair is about to fall out. If the insurance doesn't pay up I'm just going to sue out of spite.
Dena Walters
15 years ago
Very close to the exact same thing just happened to my Son in Nov 07....with the exception I made them write a report..Im with going to the police station and finding that officer, and/or his superior!
In my case this man showed false ins info, had no valid liscense, was definetely 'on' something..he did get several tickets, but always get a police report, make them do it....even if the other driver doesn't get a ticket..at least there is a report...
Come to find out this man had no insurance, so On my son's car I only had liability and uninsured...my ins. is going after the other ins. and the individual who hit his car...it totaled my sons car (ford focus) and only cracked this mans blinker (a huge duelly (sp?) truck. Oh and he left the scene, my neighbor jumped in his truck and followed him..and made him come back to the scene....he did not get a hit and run because the man returned to the scene within 15 minutes..sooo if this ever happens sit outside the mans house for 15 minutes and then make him come back to the scene...he WOULD NOT have come back had my neighbor not made him..he was already pulling into his garage!
My ins. did pay! and this man actually moved out of the neighborhood about 2 wks after the accident, oh he also totaled our mailbox..shoved my sons car over the mailbox...my ins. paid for this also!
Make the police write up a report....if its not too late..and take lots and lots of pictures!
I actually took a picture of my sons car and his truck and liscense plate that very nite...
Good Luck!
Dena
maden_theshade
15 years ago
You don't need an officer to make the police report. Just go down there and ask to file an accident report. Then get a copy and send it to your insurance company and SIC THEM on the other. They totally need to pay up. boo hoo to the owners, but if they loan out their car they need to be prepared to be responsible for it...even if they weren't driving it. Their only recourse is to claim their car was STOLEN when the accident happened. If they actually did that, then you could both sue the SIL. ha!

good luck w/ this. what a mess.
samgw
15 years ago
I am puzzled that the office would not write a report. Did it happen at the personal parking lot or what? I heard that officers in south would not write a report if this did not happen in public space.

My sons car was hit while parked - Need Advice

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My sons car was hit while parked - Need Advice

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