Driver pulls out of driveway in front of me. Toataled my vehicle to avoid hitting his.

[Jkleedvr622]

I'm in Pennsylvania. Driver pulled out right in front of me. Never looking or stopping before entering the roadway. I swerved to the left lane to avoid hitting his vehicle. Upon doing so I lost control of my car (due to township just "tar and chipping" the roadway and never sweeping loose stones from the roadway 3 days prior. There was no road construction signs like "fresh oil and chips" or anything like that.
I avoided hitting the driver that pulled out in front of me but when losing control of my vehicle, I struck a pickup truck with a trailer attatced that was parked on private property 4 feet off the roadway. Totaling my car!! Police office (who openly admitted he didn't want to even be at the accident sceen) cited other driver with 3 citations. Never sighting me for anything. The insurance company of the other car that pulled out in front of me was waiting for the official police report to be filed. They finally got the official police report, and it has a pa-3309 - (driving a vehicle on a roadway laned for traffic). And this code was listed under my name!?!? Now the insurance company of the other driver who is obviously at fault, is saying the accident was my fault... What should or can I do?? I have no car now. The check from my insurance company for my "total loss vehicle" was a joke and the driver that caused this accident got to drive away.

 

[PayrollHRGuy]

You contact the PD and get the report corrected. Your insurance company may be able to help you with that.

 

[Jkleedvr622]

You contact the PD and get the report corrected. Your insurance company may be able to help you with that.

The other persons insurance company just told me they can't help with correcting the police report. And both the claim reps from my insurance company and the other drivers insurance company are both "on vacation" until the 5th.. Meanwhile I have 4 kids, my wife and enterprise car rental calling asking for there rental back!! My insurance paid $30 per day, $900 max. That's what we had coverage for on our OWN policy! I CAN'T BE WITHOUT A VEHICLE AND I'M NOT PAYING FOR AN INCONVENIENCE I DIDN'T ASK FOR OR PUT MYSELF IN!!!!

 

[PayrollHRGuy]

One would not expect the other persons insurance help you. If you can't get YOUR insurance to help you then you need to help yourself by contacting the PD yourself.

This isn't going to get cleaned up in the next few days no matter what you do.

 

[Zigner]

The other persons insurance company just told me they can't help with correcting the police report. And both the claim reps from my insurance company and the other drivers insurance company are both "on vacation" until the 5th.. Meanwhile I have 4 kids, my wife and enterprise car rental calling asking for there rental back!! My insurance paid $30 per day, $900 max. That's what we had coverage for on our OWN policy! I CAN'T BE WITHOUT A VEHICLE AND I'M NOT PAYING FOR AN INCONVENIENCE I DIDN'T ASK FOR OR PUT MYSELF IN!!!!

Nothing is going to happen between now and Thursday. You can stomp your feet all you want but, realistically, if you want a car during that time, you'll pay for the rental.

 

[Jkleedvr622]

One would not expect the other persons insurance help you. If you can't get YOUR insurance to help you then you need to help yourself by contacting the PD yourself.

This isn't going to get cleaned up in the next few days no matter what you do.

Just got off the phone with my insurance company. They told me they don't get involved with the police/reports and they are not sure what to do there. They started to run out of things to say and especially when I told them I was NEVER cited (THE DAY OF THE ACCIDENT) for the pa-3309, nor was Aa citation ever mailed to me!!! Now what, it's in my hands to deal with the state police to fix the mistake listed on the report? Accident happened May 30, 2018

 

[PayrollHRGuy]

If your insurance company refuses to help you yes it is in your hands.

 

[justalayman]

I suspect your explanation that the other car caused the accident isn’t the way the cop saw it. The law cited

1) Driving within single lane.--A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.

The cop apparently saw the situation as you attempting to pass the other vehicle when it wasn’t safe to do so.

I doubt you will get the cop to change anything.

The amount your insurance company offered should be the same amount the other insurance would offer you. Basically you are out the fair market value of your car immediately prior to the accident. Since it appears you have coverage on your own policy that will cover this your best direction may be to negotiate a more acceptable value of your vehicle.

 

[Jkleedvr622]

I suspect your explanation that the other car caused the accident isn’t the way the cop saw it. The law cited



The cop apparently saw the situation as you attempting to pass the other vehicle when it wasn’t safe to do so.

I doubt you will get the cop to change anything.

The amount your insurance company offered should be the same amount the other insurance would offer you. Basically you are out the fair market value of your car immediately prior to the accident. Since it appears you have coverage on your own policy that will cover this your best direction may be to negotiate a more acceptable value of your vehicle.

No the cop on scene even stayed that the accident wasn't my fault. Hence, the other driver getting 3 citations (on scene) from the same cop at the time of the accident.

 

[justalayman]

No the cop on scene even stayed that the accident wasn't my fault. Hence, the other driver getting 3 citations (on scene) from the same cop at the time of the accident.

Yet you have this ticket.

Do you have a copy of the accident report? If so, what does it say as primary cause of the accident? If you don’t have a copy, get one and read it.

 

[Jkleedvr622]

Yet you have this ticket.

Do you have a copy of the accident report? If so, what does it say as primary cause of the accident? If you don’t have a copy, get one and read it.

Thats what I'm trying to say. I got charged with the pa-3099 violation on the police report. I was never cited, ticketed or mailed the citation for this infraction. Accident happened on may 30th 2018. Cop told me and the 4 witness that I'm free and clear! I did not cause this accident...

 

[Jkleedvr622]

Thats what I'm trying to say. I got charged with the pa-3099 violation on the police report. I was never cited, ticketed or mailed the citation for this infraction. Accident happened on may 30th 2018. Cop told me and the 4 witness that I'm free and clear! I did not cause this accident...

OTHER driver got 3 tickets the day of the accident. I got 0.

 

[justalayman]

Well you might want to check into the “i wasn’t issued a citation thing”.
You can be issued a citation offer the fact. Maybe it’s in the mail.

 

[PayrollHRGuy]

There us also a not insignificant possibility that the OP was not charged with anything and the report is in error. That us why he needs to contact the PD.

 

[Jkleedvr622]

Well you might want to check into the “i wasn’t issued a citation thing”.
You can be issued a citation offer the fact. Maybe it’s in the mail.

OR the cop made a typo/mistake and on the report he put one of the 3 citations the other driver was given the day of. He was the one pulling out onto a roadway from a stone lane/driveway. And pulled in front of me causing the accident.
The police officer on the scene messed the first rough copy of the report that he had printed from his cruiser. The owner of the pickup and trailer parked on the private property was listed at the one driving... We had to make the officer on print out a new copy before everyone left the accident.