• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

accident with commercial vehicle

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

drc

Guest
This accident occured in Oregon.

My wife hit a delivery vehicle that pulled out in front of her. Two witnesses gave her their names and phone numbers and noted she had NO opportunity to avoid the collision. The driver hesitantly agreed. There was extensive damage to the right (passenger) front of my wifes vehicle but it was drivable (now we're hearing some grinds and sick fan noises...), no visible damage to the other vehicle, but she didn't really look for it. No police report was filed.
When the driver filed his report with the company it apparently said only that my wife ran into him.
The company's insurance rep (they self insure but have outside representation) has been very short with my wife by phone (they're in Tulsa...) and implied that they're considering whether to pursue my wife as being at fault. We've only found out anything by my wife actively pursuing them today - they'd never contacted us.
The accident happened a week ago today and we haven't gotten estimates or repairs yet because we wanted to make sure we got what the company needed for settlement. Now we're not sure what to do if they're going to take this route of accusing my wife of being at fault.
Our insurance company (state farm) has been supportive but not really offered alot of concrete advise.

My questions: Should we go ahead and get a couple of estimates (how many?) then have repairs made? If repairs are more that "it's worth" (it's an old car and may not be worth repairing versus getting a replacement), what should we do? What is a reasonable time frame for these kinds of things to take?

Thanks for any advise!
 


stephenk

Senior Member
Three options:

1. have your own insurance pay to fix the car. At least the work is guaranteed, plus they will go after the other company's insurance carrier. Be sure and give your carrier the witness information.

2. make a claim against the other insurance company. Problem is if they deny your claim your car does not get fixed.

3. file a small claim action against the other driver and his employer. make sure to get your witnesses to appear (promise to take them to lunch after the hearing) and hope you win. Then collect from the other company's insurance carrier.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top