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wvalhala

Junior Member
Auto accident with a Canadian

I have been going through hell ever since the accident.
It was December 20, 2005. It rained heavily with a poor visibility. You know how much rains we get during the winter in WA. At about 8pm, I was driving I-5 north bound on the second lane at about 50 to 55 mph. A semi truck came up behind me on the third lane, passing by and abruptly veering into 2nd lane to hit my car. My car was bounced to the 1 st lane or possibly to the shoulder (I don't exactly remember). Thank god! There were no upcoming cars in the first lane, so a fatal crash was avoided. The truck slowed down right after the crash and moved to the first lane as if it was going to pull over to the shoulder, but it sped up and kept going. The truck drove about 60 to 70 mph during the chase. Unfortunately, I didn't have a cell phone on me, so I chased the truck. I kept honking the horn, waving at the passing by cars for help. After about 30 minutes of chase, the police showed up and gave the truck driver a citation for "unsafe lane change", not "hit and run". They (there were 2 people in the truck) said they didn't know whether they hit me or not. And they kept driving without stopping because they were scared! They thought I might be a dangerous or crazy guy. They are Canadians, and originally from Middle Asia, I guess. Besides, they don't speak flluent English. Neither do I. Unfortunately, the police officer bought their story even though I am sure that the driver just played dumb. Since I don't have a witness, I didn't appeal his decision. It didn't upset me very much, though.

What makes me really upset is my car is still in the body shop! Their insurance company, which is owned by State, has been dragging me on and on (since I don't have collision coverage, I have to deal with their insurance company). Besides, the driver denied his liability by simply saying "no damage on his semi truck". So, their insurance company is waiting for a police report and reveiwing the photographs. Honestly, I don't know how longer it is going to take for them to make a decision.

Here are my questions:
1. Is it likely for their insurance company to accept their driver's liability? Without a witness, is the citation for "unsafe lane change" as sure as slam dunk?
2. If so, is it possible for me to pursue punitive damage? I am 100% sure that they knew about the crash, otherwise they would have kept driving on the second lane instead of moving to the first lane by slowing down. Also, I believe that there must have been some communication between the driver and the trucking company.
3. Is there anyone who have dealt with Canadian insurance company owned by State? What was your experience like with them?

Thanks.
 
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