RedSummerSun
Junior Member
What is the name of your state? VA
My small car was recently side-swiped by a large company truck that sustained damage to the front and side of it, and scraped the side of my car badly and knocked off the mirror, all damage behind the front wheel (other than the scuff of the trucks tire against my rim). The driver of the truck was very rude along with the cop. The cop treated the collision as if it were nothing and favored the story of the other driver, falsifying the police record with an inaccurate diagram,listed no witnesses despite that I had a passenger in my car, and didn't distribute any tickets. The company's insurance took 2 weeks before even trying to contact me, after I had left several messages to speak with them. They sent someone out to take pictures of my car, after another week , even he said it looked like the other driver was at fault. However, they never sent an estimate of damage, or even acted to file against my insurance, yet when I called back, they rudely told me they weren't going to pay, despite the pictures (which plainly show the other driver was at fault), because of the police report claiming it was my fault. I have now been out of a car for nearly TWO months. It's been parked in designated "over-flow" parking by my neighborhood eversince, however last week it was involved in a hit-and-run type deal. My neighbor informed me and called the police, as she saw it. The woman that turned out to be the driver walked down the street when some neighborhood kids told her they saw her hit my car. She claimed a black truck had hit my car, and had hit hers also, that hers was knocked onto the curb, ect., but then said, "I didn't hit your car,my car has been parked all day, but if you really think I did, I'll pay for it" and carried on as such until the police showed up. She said she drove a car that fit my neighbor's description so I asked her where she parked it and I went to look at it; it was not knocked up on a curb as she said, because it was parked in her driveway . Sure enough there was Paint the Color of My Car on the bumber and the bumper was crushed in on the side appropriate to my assumption of what had happened. The cop agreed however the driver changed her story and kept lying to the cop. It turned out that the woman driving did not have a driver's license, was uninsured, was driving a car not legally registered to anyone from her house, much less her, aswell as having license plates from another vehical illegally on it. The police however only wrote her a ticket for no operator's license and reckless driving. My vehical, though was already damaged was still able to be driven, is now pretty much totaled. The damage on the side is significantly worse, it starts further back and is serverly deeper,smashed the running board off in 3 pieces, and the tire that meerly had a scuff and was possibly out of allignment was ripped off, along with a portion of the connecting axel, snapped the breakline , and ripped the front drivers side of my front bumper off. The vehical being front wheel drive could never be fixed 100% the way the damage was inflicted, and even the tow company was astonished at the damage and suggested it was totaled. The woman driving has made no effort to contact me, and she doesn't have insurance for me to claim it to. My insurance said they can't do anything but file it under uninsured motorist but there's a posibility I won't be compensted fully for the price of my car. The DMV investigator has not responded to any of my calls and I am still without a car.
My father suggested I take them both to small claims separatly, for the original repair cost to the first incident along with proving it was not in anyway my fault, and for the second towing cost (75$) and the cost of my car totaled. I can't afford a rental car or even to buy a replacement or anything near a replacement, and I really need the transportation soon as possible. Any advice or suggestions would be a fantastic help, and greatly appreciated.
Thanks.
My small car was recently side-swiped by a large company truck that sustained damage to the front and side of it, and scraped the side of my car badly and knocked off the mirror, all damage behind the front wheel (other than the scuff of the trucks tire against my rim). The driver of the truck was very rude along with the cop. The cop treated the collision as if it were nothing and favored the story of the other driver, falsifying the police record with an inaccurate diagram,listed no witnesses despite that I had a passenger in my car, and didn't distribute any tickets. The company's insurance took 2 weeks before even trying to contact me, after I had left several messages to speak with them. They sent someone out to take pictures of my car, after another week , even he said it looked like the other driver was at fault. However, they never sent an estimate of damage, or even acted to file against my insurance, yet when I called back, they rudely told me they weren't going to pay, despite the pictures (which plainly show the other driver was at fault), because of the police report claiming it was my fault. I have now been out of a car for nearly TWO months. It's been parked in designated "over-flow" parking by my neighborhood eversince, however last week it was involved in a hit-and-run type deal. My neighbor informed me and called the police, as she saw it. The woman that turned out to be the driver walked down the street when some neighborhood kids told her they saw her hit my car. She claimed a black truck had hit my car, and had hit hers also, that hers was knocked onto the curb, ect., but then said, "I didn't hit your car,my car has been parked all day, but if you really think I did, I'll pay for it" and carried on as such until the police showed up. She said she drove a car that fit my neighbor's description so I asked her where she parked it and I went to look at it; it was not knocked up on a curb as she said, because it was parked in her driveway . Sure enough there was Paint the Color of My Car on the bumber and the bumper was crushed in on the side appropriate to my assumption of what had happened. The cop agreed however the driver changed her story and kept lying to the cop. It turned out that the woman driving did not have a driver's license, was uninsured, was driving a car not legally registered to anyone from her house, much less her, aswell as having license plates from another vehical illegally on it. The police however only wrote her a ticket for no operator's license and reckless driving. My vehical, though was already damaged was still able to be driven, is now pretty much totaled. The damage on the side is significantly worse, it starts further back and is serverly deeper,smashed the running board off in 3 pieces, and the tire that meerly had a scuff and was possibly out of allignment was ripped off, along with a portion of the connecting axel, snapped the breakline , and ripped the front drivers side of my front bumper off. The vehical being front wheel drive could never be fixed 100% the way the damage was inflicted, and even the tow company was astonished at the damage and suggested it was totaled. The woman driving has made no effort to contact me, and she doesn't have insurance for me to claim it to. My insurance said they can't do anything but file it under uninsured motorist but there's a posibility I won't be compensted fully for the price of my car. The DMV investigator has not responded to any of my calls and I am still without a car.
My father suggested I take them both to small claims separatly, for the original repair cost to the first incident along with proving it was not in anyway my fault, and for the second towing cost (75$) and the cost of my car totaled. I can't afford a rental car or even to buy a replacement or anything near a replacement, and I really need the transportation soon as possible. Any advice or suggestions would be a fantastic help, and greatly appreciated.
Thanks.
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