hit by a truck

[Rushia]

NY

Last Wednesday while leaving work, I got hit by one of the shipping trucks. I was leaving the parking lot and trucker was pulling off of the shipping docks. I was going about 5/10mph. Truck hit me on the passenger door of my minivan. Crushed the wheel well, tilted my tire, passenger door is dented in (outline of the trucks nose is noticable), and scraped down the entire side of the sliding door. So far all I have talked to their insurance co, given my statement of the accident. Did not call the police as I was not injured, was my first accident (yes, I am a dummy).

If the claim is denied, who is going to end up being "at fault" for this? Neither party was negligent (in my opinion). We just didn't see each other. I obviously sustained most damage.

 

[moburkes]

There is no claim to "deny", if you have collision coverage. In NY, regardless of fault your insurance company pays for the damage to your automobile, minus your deductible. If you don't have collision, and the other driver is determined to be at least PARTIALLY at fault, then you can claim under their liability coverage to repair your vehicle.

Who had the right of way? It appears that both of you were going straight from where you started (you didn't say anything about making a turn). But one of you was probably in the main roadway (of the parking lot), and one was coming from the side (probably the truck if they were coming from the dock area). If you had the right of way, then you're find. File the claim.

You can still file the police report, by the way, if you feel like you need to. And someone WAS at fault. Think about it. The truck hit you on the side. Barring any other circumstances that you haven't described, you got to the "intersection" (where your paths crossed) first. Think about being on a road instead of a parking lot. In order for someone to hit you on the side, you were already at the "intersection" which meant they didn't yield the right of way. Again, this appears to not be your fault, based on what I'm reading. Someone was negligent (sometimes both are negligent for certian %).

 

[Rushia]

There is no claim to "deny", if you have collision coverage. In NY, regardless of fault your insurance company pays for the damage to your automobile, minus your deductible. If you don't have collision, and the other driver is determined to be at least PARTIALLY at fault, then you can claim under their liability coverage to repair your vehicle.

When I called my insurance co. she stated that I had to contact their insurance co. The trucking co. would be responsible for the damage to my vehicle. My insurance co. would get involved if and when theirs denied the claim.

Who had the right of way? It appears that both of you were going straight from where you started (you didn't say anything about making a turn). But one of you was probably in the main roadway (of the parking lot), and one was coming from the side (probably the truck if they were coming from the dock area). If you had the right of way, then you're find. File the claim.

I would say that I had the right of way. I did not turn. I was in the roadway, so to speak. There is an old guard station with a gate, exit is thru that gate. Docking stations are right next to that gate. The problem is that the trucker was in the middle of some other trucks and there is NO way that he could have seen me. As I mentioned, I had already built up some speed, but not a lot. Trucker had simply goosed his pedal to start moving. My little minivan and his big truck, guess who lost?

You can still file the police report, by the way, if you feel like you need to. And someone WAS at fault. Think about it. The truck hit you on the side. Barring any other circumstances that you haven't described, you got to the "intersection" (where your paths crossed) first. Think about being on a road instead of a parking lot. In order for someone to hit you on the side, you were already at the "intersection" which meant they didn't yield the right of way. Again, this appears to not be your fault, based on what I'm reading. Someone was negligent (sometimes both are negligent for certian %).

Being that he was in the middle of other trucks, he did NOT see me and the reverse is true as well, I did not see him. I saw all the trucks lined up but that was it. He pulled out as I went by. I have been working at this place for 12 years, but am the first idiot that this happened to.

All in all, I am hoping that this does not turn into some kind of fight. In reality, I just want my van fixed or the money to replace it. It was old, not worth alot anyway. I need a vehicle that I can put my children in. The van is still operational, but in its condition, I don't believe that the children should be in it.

 

[moburkes]

They'll tell you how to proceed. These things don't get solved immediately. Ask for a rental vehicle.

 

[Mister Darcy]

You should take this as an opportunity to ditch the minivan. A hot babe needs a hot car.

 

[Rushia]

They'll tell you how to proceed. These things don't get solved immediately. Ask for a rental vehicle.

I don't know that I'd get one. Hubby has a car, but we work opposite shifts. Wouldn't they tell me that I have access to another vehicle?

 

[Rushia]

You should take this as an opportunity to ditch the minivan. A hot babe needs a hot car.

LOL, Thank you, but I need something with lots of room for kids and booster seats. I'm thinking a nice, used Explorer would be nice. My idea of a dream car is a punchbug. I always loved Herbie.

 

[moburkes]

They have no business asking about other vehicles that you own. Ask for a rental.

 

[Rushia]

They have no business asking about other vehicles that you own. Ask for a rental.

Thank you for all of your help. The woman I spoke with today asked for pics and I emailed them off to her. I'll probably be speaking with her again shortly.

 

[Mister Darcy]

LOL, Thank you, but I need something with lots of room for kids and booster seats. I'm thinking a nice, used Explorer would be nice. My idea of a dream car is a punchbug. I always loved Herbie.

What? You can't teach the kids to hitchhike?

 

[judge425]

There is no claim to "deny", if you have collision coverage. In NY, regardless of fault your insurance company pays for the damage to your automobile, minus your deductible. If you don't have collision, and the other driver is determined to be at least PARTIALLY at fault, then you can claim under their liability coverage to repair your vehicle.

Who had the right of way? It appears that both of you were going straight from where you started (you didn't say anything about making a turn). But one of you was probably in the main roadway (of the parking lot), and one was coming from the side (probably the truck if they were coming from the dock area). If you had the right of way, then you're find. File the claim.

You can still file the police report, by the way, if you feel like you need to. And someone WAS at fault. QUOTE]
I am unaware of any police precinct that will be willing to issue an police report for an MVA from the station.. they generally require that they be called to the scene..

 

[moburkes]

Its no problem, here, in Ohio. Sometimes they ASK you to come to the station if they are busy and there was no injuries.

 

[jjsdriving]

If the truck driver has a class A CDL (commercial drivers license) he is at fault, even if he did have the right of way.As a professional driver, he has to make sure it is safe to proceed and must do everything in his power to avoid an accident. According to the National Safety Board of Transportaion there are very,very few accidents that a professional driver can claim as Non-Chargable.

 

[judge425]

If the truck driver has a class A CDL (commercial drivers license) he is at fault, even if he did have the right of way.As a professional driver, he has to make sure it is safe to proceed and must do everything in his power to avoid an accident. According to the National Safety Board of Transportaion there are very,very few accidents that a professional driver can claim as Non-Chargable.

Please apprise me of NYS laws that substantiate such. CDL or not..all drivers carry invariably the same obligation of care to fellow drivers..regardless of license type. in fact.. in NY.. the fact that an accident involved a driver who did not have a license at all is inadmissible in Court..so how can this be? please explain..

 

[You Are Guilty]

the fact that an accident involved a driver who did not have a license at all is inadmissible in Court

And I'll be waiting for you to back this statement up.