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Got hit by a city truck while parked

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llamaglama

Junior Member
Colorado, City of Denver

So this morning I get a knock on my door, a couple city workers take me out to my truck parked on the street, the scraped it ($1200 in damage) Cop showed up, did a report, I filed a counter report. Then some city guy came by and gave me information to fill out and send in.

I called the lady on the paper (city adjuster) and asked what all is involved in this process and she starts going on about how she can claim immunity from this if she determines so and that they will determine how much they want to pay out and that for a rental car I can only have a $19.95 Enterprise rent-a-car.

I own a truck for a REASON not a fad, I need it to do my JOB and pay my taxes with. I need to rent a truck not a $19.95 Dodge Neon.

I also want compensation for having to take pictures, drive to th police station, drive to get 2 estimates and the work time that has already taken away from me.

Anyway: Should I get a lawyer to deal with this instead of going through their song and dance or either way am I just at their mercy?
 


llamaglama said:
Colorado, City of Denver

So this morning I get a knock on my door, a couple city workers take me out to my truck parked on the street, the scraped it ($1200 in damage) Cop showed up, did a report, I filed a counter report. Then some city guy came by and gave me information to fill out and send in.

I called the lady on the paper (city adjuster) and asked what all is involved in this process and she starts going on about how she can claim immunity from this if she determines so and that they will determine how much they want to pay out and that for a rental car I can only have a $19.95 Enterprise rent-a-car.

I own a truck for a REASON not a fad, I need it to do my JOB and pay my taxes with. I need to rent a truck not a $19.95 Dodge Neon.

I also want compensation for having to take pictures, drive to th police station, drive to get 2 estimates and the work time that has already taken away from me.

Anyway: Should I get a lawyer to deal with this instead of going through their song and dance or either way am I just at their mercy?
You don't get compensated for the time or money you spend taking pictures and going to policy station, etc. Nor are lost wages compensable in this case. If it's just a scrape on your truck, I doubt a lawyer will do it on a contingency basis (not worth it). You could report it to your carrier and let them deal with the city - but I'm guessing you don't want to file a claim with them, I wouldn't.

If I were you, I'd deal with the city unless it became too much of a hassle.
 
llamaglama said:
:( well thanks for the info...
By the way, if it's just a scratch, have you considered getting it repaired on a Saturday or a day that you don't have to work? Then a 19.95 Neon wouldn't be such an inconvenience.
 

llamaglama

Junior Member
they scraped it hard, it ripped off my driver side tail light completly and tore the bed skin apart, thats where the $1200 comes in, both body shops so far said $1180 and $1184 one said 5 days the other 7
 
llamaglama said:
they scraped it hard, it ripped off my driver side tail light completly and tore the bed skin apart, thats where the $1200 comes in, both body shops so far said $1180 and $1184 one said 5 days the other 7
Wow. That's one helluva scrape. My advice stands. Initially, I would try to work it out through the city. If that doesn't work, then get your insurance agent involved.
 

llamaglama

Junior Member
InsuranceLadyAZ said:
Wow. That's one helluva scrape. My advice stands. Initially, I would try to work it out through the city. If that doesn't work, then get your insurance agent involved.
Sounds good. thanks for the advice.

Yah when you look at it it's really not that bad, but the way it contoured the panel and ripped off the tail light I have to tape it up there pretty good. I'm suprised it was $1200 also, I thought it would just be a little $500 deal or something. But then again the cost of just the tail light assembly alone I'm sure is over $200 the way they charge for that stuff now. The truck that hit me was really large too, (City waste lid truck)
 

llamaglama

Junior Member
Hey guys, after looking around I found a little info about colorado law and rental car.

State of Colorado
Division of Insurance
Regualation 5-2-15
Section 5

Payments for third-party coverage for a replacement motor vehicle, of a comparable class, shall not be discontinued until:

Payment is made directly to the entity repairing the motor vehicle of the
claimant; and the repaired vehicle is returned to the claimant; or claimant
has a reasonable opportunity to take possession of the vehicle from the
repair facility.

If I understand that correctly that means they can't just pick a POS Neon and stick me in it right? I should be able to get another truck?
 
llamaglama said:
Hey guys, after looking around I found a little info about colorado law and rental car.

State of Colorado
Division of Insurance
Regualation 5-2-15
Section 5

Payments for third-party coverage for a replacement motor vehicle, of a comparable class, shall not be discontinued until:

Payment is made directly to the entity repairing the motor vehicle of the
claimant; and the repaired vehicle is returned to the claimant; or claimant
has a reasonable opportunity to take possession of the vehicle from the
repair facility.

If I understand that correctly that means they can't just pick a POS Neon and stick me in it right? I should be able to get another truck?
Not sure on that one. Maybe one of the attorneys roaming the hallway will be able to answer that for sure. I'm an insurance agent and know much more about procedure than deciphering legal wording.
 

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