• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

3 Car Accident/ My Car Totaled/ Noone Taking Responsibility

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

DW1

Junior Member
What is the name of your state? PA (Dauphin County)

I was in an accident a few weeks ago which ended up totaling my car. Here is what happened. I was on a 3 lane highway in the far right hand land getting ready to exit within 1/4 to 1/2 mile. To my left (in the center lane) was one of those big trucks that carries new cars and to his left (in the far left - fast lane) was a woman in a Honda Accord. The next thing I know, the truck is swerving into my lane and hits my car spinning my car around 90 degrees and I end up in the far left lane facing traffic. Fortunately I wasn't hit again by the oncoming traffic or I would be in no condition to even write this.

No witnesses stopped to help and when the police arrived, they took everyone's statements. The officer told me flat out it couldn't be my fault, that I was the victim. What happened was, either the truck driver or the woman swerved into the other's lane and collided. They argue as to who moved into whose lane etc and the police report appears inconclusive. The fact is, though, that the trucker moved into my lane voluntarily. There is no way that little Honda FORCED him into my lane... he CHOSE to come into my lane and hit me... yet his insurance company claims no fault.

I do not carry collision coverage on my car. The insurance company for the trucking company has called stating because the police couldn't get one of them to admit fault and because they believe the woman is lying, they aren't going to accept any fault and therefore aren't paying.

I'm still waiting to hear from the woman's insurance company. So far they have been to see the car and stated it should be totaled and the damage is $5,600.

I guess I'd like some guidance on what to do about all of this. The truck is the one who came into MY lane and yet his insurance company refuses to come see the car or pay. Is this a good candidate for Small Claims Court or to the District Magistrate... and if so, where... near the site of the accident, near where I live? I'm left without my car here and no one wants to step up and do the right thing. On top of the costs of losing my car, I also had to pay $600 to have it towed and stored somewhere!

I'm quite frustrated and my own insurance company has been NO help whatsoever. The woman told me since I don't have collision, they won't lift a finger to help me... and I have to laugh because this is one of the big insurance companies you see advertising on tv as the one you're in good hands with....

Any help here would be greatly appreciated.
 


ecmst12

Senior Member
Your insurance company is only obligated to defend you against claims that YOU were at fault, because that is the coverage you pay for.

You should hire a lawyer and sue BOTH drivers, and let the judge decide who pays what. I say hire a lawyer because both of them will have one from their insurance companies.
 

Zigner

Senior Member, Non-Attorney
Sue the driver of the truck, the owner of the truck, the driver of the car and the owner of the car for the full amount of your actual damages. The court will determine who is responsible.

EDIT: This sounds like a small claims matter...but I don't know the exact amount you expect.
 

Zigner

Senior Member, Non-Attorney
I'd like to clarify something...
The OWNER of the truck *may* have a lawyer (depending on the business type). However, small claims is very informal...I wouldn't be too worried about it even if an attorney is there. In any case, it sounds like the driver of the car was the person at fault for the accident...
 

ecmst12

Senior Member
Depends on the state. Some states allow lawyers in small claims. Having never used SCC here, I have no idea if PA is one of them. More importantly, the defendents lawyers can easily move for a change of venue to district court so they CAN represent their clients, if necessary.
 

Zigner

Senior Member, Non-Attorney
Depends on the state. Some states allow lawyers in small claims. Having never used SCC here, I have no idea if PA is one of them. More importantly, the defendents lawyers can easily move for a change of venue to district court so they CAN represent their clients, if necessary.
I looked up the information for PA - that's what I based my answers on. As for the change of venue - not going to happen. There is no reason for a change of venue. It would also really undermine the entire reason for having small claims court in the first place.
 

DW1

Junior Member
I would have to research what the loss of my car is but I'm guessing with the towing etc, that my total damages would be around $7,000. I think this brings it within the purview of the District Magistrates here in PA. (I believe they are $8,000 and under.)

If they don't show up, will the DJ give me a default judgment? How hard is it to collect do you think?
 

ecmst12

Senior Member
The trucking company's lawyer may argue that they can't adequately represent their client in SC, and it would be an undue hardship for the business for an employee to have to come to court in person for this matter.

Which reminds me, you should also name the trucking company in your suit, not just the driver, since he was "on the clock" when it happened.
 

DW1

Junior Member
Does agency-principal law protect the truck driver from being sued? As you say, he was acting within the scope of his employment (or in your words, was "on the clock"). I assume this would mean that the truck company is the principal responsible for the actions of the employee driver... do I still name them both on the complaint? I assume I do?

also I've read some of your comments elsewhere that the police report is hearsay. Do I put it in my evidence or not then? It's not particularly helpful to me since it doesn't cite either of them at fault.
 

ecmst12

Senior Member
PR is not admissable. You can call the officer to testify, but his testimony PROBABLY won't help much.

I will reiterate - sue EVERYONE involved. Truck driver, truck company, and other driver. Let the court decide who is responsible for what.
 

VeronicaLodge

Senior Member
Depends on the state. Some states allow lawyers in small claims. Having never used SCC here, I have no idea if PA is one of them. More importantly, the defendents lawyers can easily move for a change of venue to district court so they CAN represent their clients, if necessary.
in tennessee, small claims is in general sessions court and attorneys are allowed and if you are a company (like the owner of the truck) you have to have an attorney, companies can not represent themselves.
 

Zigner

Senior Member, Non-Attorney
in tennessee, small claims is in general sessions court and attorneys are allowed and if you are a company (like the owner of the truck) you have to have an attorney, companies can not represent themselves.
Let's stick to PA, where our OP is ;)
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top