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Truck blocked road: am I entitled damages?

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buck3m

Guest
I am an Alaska resident and was involved in an accident in Alaska on the "Haul Road" (Alaska is not a no-fault state)

I was driving southbound on a snow-covered two lane gravel road on a slippery day. Just as I crested a hill, I saw a northbound 18-wheeler in the southbound lane, chaining up, with his trailer blocking most or all of the rest of the road. He was about 100 feet below the crest. There were no warning markers. I started hitting the brakes, immediately skidded out of control, barely missed the truck, and rolled.

I was uninjured. My truck was totalled. I crawled out and ran up the road to stop any more oncoming cars.

The second car was an Alaska State Trooper. He took photos of the accident, unofficially said the truck driver was a fool, and told me he had broken the law by obstructing the road.

I was driving about 35 miles an hour at the time of the accident on a road where the speed limit is normally 50mph. 35mph was too fast to stop in that short distance with the road blocked.

This happened 3 months ago. The truck driver denied any responsiblity. After viewing the trooper's pictures, here is the insurance company's email:

"I just received the photos and my investigation is now complete. We are prepared to accept 75% of the fault for this loss as our driver set up a hazard and did not provide adequate warning. It is our opinion that you are 25% responsible for this accident as every motorist should keep proper lookout and drive according to road conditions."

Their argument: I should have kept a proper lookout and been driving slower.
My arguments: The accident wouldn't have occured had the truck driver;
Chained up before he spun out,
Stayed in his own lane,
Not blocked the whole road,
Marked the hazard

Should I accept the insurance company's offer? Would it be difficult to recover 100% of damages? If I do accept 75% of damages, do they include any other expenses, like car rental, time lost, other property damaged etc.

Thank you in advance. I appreciate your advice!

buck3m


 


ShyCat

Senior Member
I've always figured that's a common tactic for insurance companies. Don't fall for it. Their job is to pay as little as possible, and if they can get you to agree to only 75%, all the better.

I was once involved in an accident that the other driver readily admitted to the police officer was completely his fault (I had the green light and had already entered the intersection when he pulled out in front of me), and he was ticketed for it. I limped home, took lots of Tylenol and didn't see my car for almost a month. I lost my Irish temper when his insurance company tried to claim that I was partly responsible. "Oh yeah," I said, "I guess I was. Yep, I shoulda known he was going to do that and come to a complete stop on that green light. Or I could have activated my Foolproof Idiot Evasion system. Just push that bright red button on my dashboard and my car would have sprouted wings and taken off, thereby flying over your client's car and completely avoiding the collision. Yeah, that's what I shoulda done." The claims adjuster hung up... and paid 100%.

Another time, I was once driving at the speed limit on a divided boulevard with trees in the median and when I started rounding a blind curve, lo and behold there was an oncoming car going the wrong way. My car lost out to an out-of-towner's Lincoln Towncar rented from Hertz and I walked away with bruises and whiplash, for which I refused an ambulance. Again, I didn't run up any medical bills, just toughed it out with Tylenol. Was Hertz grateful that I wasn't taking them to the cleaners for knee, shoulder and neck injuries? Heck no. Same scam, "partly responsible". Deja vu all over again. It didn't work for them either. They paid.

Next time, if there is a next time, I swear I'm gonna take that ambulance.
 

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