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So on 2/2 I was driving along in my lane on the Dan Ryan in Chicago. I was in the far right lane and a trucker comes sweeping across two lanes and cuts me off. I slam on my brakes and go up on the shoulder (which at that time was mounded in snow). I was fortunate enough that the only damage was to the driver's side view mirror which was hit by something on the trailer which popped the glass out and cracked the housing. It's been replaced now and things are mostly fine with the car (except that the mirror power folds in the wrong direction, but that's a discussion for another day).

Once we hit the driver refused to stop, I caught up to him, told him he hit me and he told me that, "I did that, he was in that lane." I'd never left the far right lane so I disagreed. He refused to stop anyway. I called the state police who will only take a report by phone and only between the hours of 7 and 9 am. Thanks, that's helpful. I wrote down all the info on the truck and called the trucking firm. The safety officer for the trucking firm tells me he has talked to his driver and his driver says I hit him. He needs to talk to his driver in person and then he'll get back to me. I follow up three more times over the next week with a slightly different story from the driver each time. The next time I talked to the safety officer he tells me the driver says we never hit and he doesn't know what I'm talking about, but he does acknowledge I ended up on the shoulder on a snow bank. Right, makes perfect sense, I just decided to try out the snowbank in a very low car.

So I file my report with the state police, they call the trucking firm, get all the info and tell me the only thing to do is go through my ins. company. Also, the driver mensions to the cop that he was in the right lane on the ryan and never left the right lane. One problem, two lanes merge in from the right when I-55 merges in. No big deal, the driver made a mistake, we all make them, own up to it. I don't want to make a claim with my ins. company for a $641.00 claim when I have a $500 deductable. It's really not even the money as much as the arrogance, I'll just hit you, refuse to stop and refuse to pay. So today I talk to the safety officer, he says in summation, my driver says he didn't hit you, we're going to stick with our driver and refuse to make any sort of settlement. I'm looking for $641.00 here.

I'll get my brother to write a letter on firm letterhead from his law firm. Other than that anything I can do? Any suggestions anyone?

Ben
 

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You may try to talk to your insurance co 'off the record' and see what they would do. I'd bet they would go after the trucking company, if there are no witnesses etc it might be tough.
 

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Wow, that's some arrogance not from the trucker but from the safety officer. The sad fact is that they dont want to pay, as the nickle and dime items like that kill companies. Rare are the big accidents, so they try to keep insurance costs down mostly through fender benders.
You might try to bargain with them for 50% of the cost if you are unwilling to pay 100%. I was involved in an incident a few summers ago while driving a AP40 (huge bucket truck with trailer) where I drove over some plywood in the road that flew up and hit a truck behind me. There was nothing I could do, and the other driver claimed it came from inside the back of my truck, even though there was nothing like that plywood ever in my truck. My boss settled for 50%, since he didnt want to file an insurance claim.
But honestly, as sad as it is, if your deductable is $500 and the repairs were only a little over a hundred more than that, I think you are suck between a rock and a hard place. I would honestly let it go, as without a good police report it is a he said she said situation, and as everyone has learned that stops working in your favor in elementary school. Unless you want to prove a point and have to pursue a claim with your insurance agency, I would get the mirror fixed so it folds the right way and be done with the whole thing. Situations like that make me really hate driving on interstates, as there are some morons out there. Best wishes.
:cheers:
 

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First, sorry about the accident. Could have been worse, I guess... :crying2:

Most insurance companies will go after them, especially if it's a hit-and-run, as yours was. I had a similar incident, the damage was about $1,000, and I have a $500 deductable. I did file a claim, paid the ded. and got it fixed. I got a letter from the ins. co. saying that they may or may not go after the other party. After about 6 months, I got a check for $500 from my insurance company. Their claims department collected from the other party.

These insurance companies have whole groups of people dedicated to collecting on claims. I was told that they would try to collect on a claim if any money had to come out of their pocket.

I say file the claim with the police report, pay the ded., and see what happens. If you don't, this guy will never feel the pressure, and he'll continue to drive like a jerk.

Good Luck

:cheers:
 

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I'd be pissed too. And I would go after them. Call your insurance agent, and make sure they won't also try to bone you. Also, see if your attempt to make a report to the police was recorded. Perhaps you could get a copy of the police log with your attempt to make a report. At least that shows good faith on your part, and should help substantiate your story.

If the insurance company route does not work you always have small claims court.
 

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you should just file small claims court for the deductable and then the difference for arrogance Penalties :hihi:
chances are they'll try to continue it a couple times to wear you down and then try to offer 50% to settle. just wait them out and when they finally decide to try the case , you continue it on them :byee55amg .
you'll get the money then..
 

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Bad luck Ben - thankfully you weren't seriously injured.
 

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Try to document any changes to his story as soon as possible. I would file with your ins since they will have an investigator call and record the interview. If this is divergent with the facts (police report, physical evidence) his ins co may just settle. Plus, if there is further action and his description changes, you can use that to undermine their case.

Also, some bigger companies are self insured and just try to intimidate folks so they never file- once they do file it is cheaper to settle.

Good luck

A

PS What were you thinking, taking the M out with snow on the ground? :)
 

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first, glad you're OK.

Second, sorry it happened. I know how insanely frustrating it is.

Third, my advice - let it go. Without a witness, it's your word against his (holes in his lies notwithstanding) and you won't get any satisfaction . It just isn't worth the aggravation.

I was hit-and-run by a guy who denied it - but I had an eye witness and I have state farm - the best ins. co. there is. They refunded my deductible, but I honestly don't know if they went after the other guy or not. When I was on the phone with them and told them about the eye witness, they said "oh - we'll send you the deductible on uninsured motorist." Since they were on the phone with me at the time, I took it to mean that it was easier for them this way, not that they found out the guy was uninsured or that they planned to go after him.
 
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