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Hit a snow plow

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obie

Member
What is the name of your state? NY

I was driving down the road, other person was pulling out of an apartment driveway, its dry pavement on my road, but she was sliding out because of ice, she slides into road I cant stop intime and hit her front side then I swerve to the side and hit a town snowplow, my car is totaled, I do have neck pain, police write other person at fault. As I'm talking to police man, he says he was just there an hour before because a car slid into another car on apartment drive and police then had called the owner to salt that area before another accident happens, which did, mine, do I have any recourse against the complex for not taking care of that ice spot to begin with, and will the other ladys insurance offer me any money for my injuries(headaches, pain in neck and shoulder)
 


moburkes

Senior Member
Well, in NY YOUR insurance company pays for your medical bills. You can attempt to sue the owner of the complex, but I'm not sure that they were negligent when you had a SNOW STORM which dumped tons of snow all over the place. Most insurance companies don't recognize "act of nature" as the cause of an accident, so the person had the option of NOT leaving their home if the weather was so bad. What is a reasonable amount of time for a landlord to leave (whereever his was) and get to that building, when the weather was SO bad? So, your company will pay your medical bills up to the limit of your policy. Their company will pay any additional bills for your injuries and your vehicle (you must split their coverage with the other vehicle that was damaged).
 

ecmst12

Senior Member
You can file a claim with the lady's insurance for your car and your injuries. I don't know if they will accept liability but it sounds like since you were on the road and she was pulling out of a driveway, she was at fault. Do you have collision coverage? If so, you can just file with your insurance and let them fight with the other lady's insurance.

As mentioned, you should send your actual medical bills to your own insurance company, but you can still claim for pain and suffering from the other driver.

I also don't think the complex will have any liability, the accident could have still happened even if they HAD salted, and the other driver could very well have been driving too fast for conditions on top of it.

If the snow plow owner tries to come after you for damages to the plow, direct them to the other driver's insurance company also.
 

moburkes

Senior Member
I also don't think the complex will have any liability, the accident could have still happened even if they HAD salted, and the other driver could very well have been driving too fast for conditions on top of it.
I meant to add that, but forgot. Thanks for remembering! Hope your weather is better than ours...Hope that you weren't in that million car pile up.
 

ecmst12

Senior Member
Heh I doubt it...2 days straight of snow, though it's sunny today, but COLD and icy! Not much accumulation, just a couple of inches, but it's packed down with sleet and freezing rain so it's impossible to shovel and very slippery. I walked slowly to the train station this morning!
 

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