Some Advice about a Car accident

[holysm0ke78]

What is the name of your state? NJ

I've posted in this forum before about this incident, but my question is different this time.

I got into an accident with a company vehicle. The guy sideswipped my car. We got out of the car and he asked me if I was okay Then he tried to leave the scene. I caught him and called the police and got a police report.

According to the police report, he is at fault. I called my insurance agent and he is telling me not to go through my insurance and to write a letter to the company requesting they pay for the damages to my car. I called this company and since the guy is denying he hit my car they are saying it didn't happen and won't pay for my car. The guy on the phone told me that the truck wouldn't leave black marks on my car but when I asked him if he had pictures (the guy who hit me took them) he said no. I asked him how he could assume anything about the damage if he hasn't seen what my car looks like.

I went to get an estimate and the lady there said the police report says it's not my fault (there is a 25 and 26 on the police report in the 28th and 29th box next to the driver's name) She said that is what indicates that he is at fault.

My question to you is should I write the company, the driver that hit me, and his insurance company a certified letter with an estimate, pictures and a letter saying if they don't give me the money I will contact an attorney? Or should I just go through my insurance? The lady I spoke with at the body shop said it isn't my fault and I should go through my insurance. And none of it would affect my rates.

NJ is a no fault state. I am afraid If I go through my insurance it will affect my rates. I already have 5 insurance points from another accident that clears in April (which was also not my fault but the way the cop wrote the report screwed me up). I have people telling me my insurance won't be affected and others saying it will.

Does anyone here know how the whole insurance thing works here in NJ and what should I do? Any advice will be appreciated.

 

[judge425]

in response to your question about insurance premiums.. the answer is that they theoretically should not..but we all know that your premiums may go up for a host of reasons. You should not be affected by an accident that is determined to be the fault of another driver..but thats not how the insurance business works.. Rates change simply because you are in the wrong place at the wrong time.. although they will never tell you this.. the more claims you put in.. the more likely your rates will go up.. if the damage is minimal.. than dont worry about it and put it through the carrier.. As a piece of advice, if you have collision coverage, than put it throught your carrier and dont waste another second of your time thinking about it. we have better and more important things to worry about in our lives. if you choose to put the claim in yourself, you may run into a roadblock which will require the attention of a lawyer who will charge you a bunch to prosecute the claim.

As to fault for the accident, given that he is on the police report, he will have a tough time proving that he is uninvolved. If he sticks with this position, his veracity or credibility may be compromised which can only help you win your case. The numbers on the side of the report are not dispositive and often are not admissible unless the cop actually saw the accident. The numbers can help resolve issues for adjusters in determining fault but they are not the be all end all. PD (property damage) adjusters often take absurd positions on claims in efforts to cut you down. Even on a clear 100% fault case, they will attempt to squeeze for a 90% -10% apportionment. So dont be fooled or razzled. You never explained how the accident happened? may give me a better idea as to how this may play out. In a nutshell, best advice is to give it to the carrier so that they can do what you are likely unable to do. They have lawyers and will do what is necessary if you are truly not at fault.

 

[InsuranceLadyAZ]

File the claim through your carrier and give them the police report. Your insurance company can subrogate the claim to the at fault party's insurance company. Yes, your rates could be affected. For instance, you would not receive a claim-free credit. But since you already have a claim on your record, you weren't getting that anyway.

 

[holysm0ke78]

Thanks for the advice. Here's what happened with the accident. The street is much like a highway in that there are four or five lanes. I was in the left hand lane (because I have to make a left hand turn eventually) close to the yellow line. The truck was next to me on the right. He swerved into my lane and sideswipped me. What part of his truck hit me, I don't really know. It could have been most of the tire on the truck since there is a black mark on the end of passenger side. There is also a chunk missing from my car above my tire.

He got out of the car and so did I. He asked me if I was okay. Then he got his car and proceeded to drive away. I followed him, called 911, and gave his license plate number. They transferred me to the local police station and then my phone lost signal. I followed him down the street into this mall where we had been followed by some type of emergency vehicle. The guy started to deny right there that he did not hit my car. And the police report says he said he didn't collide with me. I's basically a "he said- she said" situation. Or at least that's what it looks like from the outside.

That's basically what happened. I called my insurance already for the claim because I was told that I would have a very hard chance of getting my car fixed since this is a small independent company. I figure I will let them handle it. An adjuster is coming to look at my car in a few days.

I am paying sky high prices in insurance right now - 1700 for half a year because of that accident I had in 2003. I am just hoping that it will not go up anymore because I can't really afford that as it is. I am paying it but just barely. I guess at this point it doesn't really matter because I called in the claim. But the lady I spoke with at my insurance company said I could decide not to follow through.

It's not really a matter of the car but the principle because this guy knows he hit me and he is denying it. But I am not sure if risking my insurance prices to go up is all that worth it. I guess I will see what happens.

Thanks for your help.

 

[InsuranceLadyAZ]

It's not really a matter of the car but the principle because this guy knows he hit me and he is denying it. But I am not sure if risking my insurance prices to go up is all that worth it. I guess I will see what happens.

Thanks for your help.

Although it's nice to be principled, you need to weigh the possible consequences. If you're struggling to pay your premiums now, then any action that causes them to increase needs to be seriously considered.
Good luck to you.