Like I said, Insurance Companies just don't care what Cops think. Not interested. At all. Cop gets called to the Witness Stand, Plaintiff's Attorney asks, "Did you see the accident?"" Cop sez, "No." They're done with him. He has nothing to add that the Court wants hear. Judge dismisses him and he won't be recalled.

Again, whose Insurance? Your F.I.L's? The other guy's? If it was a first party Insurance Co claim (your f.i.l's) that was some pretty lousy business practice. If it was the other guy's, the other Company might have heard God-Knows-What as to why he hit your car. Not taking up for the Ins Co, just sayin'.

An FYI, most States are 'Comparative Negligence' States. Where there is hardly ever a 100% at fault ruling. The person who is over 50% at fault is usually held liable for damages and sometimes, when they can't determine who is more at fault (happens all the time) then you're on your own. No such thing as a two-car, not-at-fault accident in the eyes of the Ins Industry. Sometimes in the eyes of the Law. But, somebody HAS to be at fault and in the case of no other finding, BOTH people will be considered at fault.

So, technically, if your F.I.L's car hadn't been there, the kid wouldn't have hit it. But that's no more than 10% at fault ruling, max, (if, let's say, your car is parked in a blind spot) and is usually disregarded.

I would guess that the reason the guy left the scene is -- He was probably drinking. If it was me, and I was pretty sure I'd spend the night in Jail if a Cop showed up, I would have left a note with my phone number on it, and wrote, "I tried to find you" and hauled *** to the house. Down here anymore, you're lucky if the Cops show up in an hour if nobody's hurt. And if it's not slowing traffic they might not show up at all.


I'd say this guy just paniced and didn't think to leave a note. He was more scared about spending the night in jail. Even if you leave a note, the Cops can still cite you for leaving the scene, but it usually won't stick.

In fact, I'd say the guy wasn't a very sophisticated thinker for a 'scum bag' (which I don't think he is). I think he just paniced and ran away. His, "I didn't think I did any damage" is about as lame an excuse as can be.

 

I can't give any advice because I am not sure how I would react if it were me although the right way is to contact the police, then your insurance and file a claim. I would do this and give my agt proof of all my upgrades down to the nth penny. My initial response would be to cave the ******* head in with a baseball bat. But I tend to give things a bit of though anymore and would more than likely settle for reporting it all and getting settlements.........but down the road after the dust had settled........the **** would pay. Somewhere, somehow........I can't just let things go.

 

So a big guy isn't likely to be an a-hole? Really? I wish I lived in the world where that was true. My experience tells me "a-hole" is an equal opportunity personality trait that pays no attention to age, race, religion, sex or size....I've met a-holes in every category you can name. Or maybe I'm the a-hole? I'm sure some would answer that in the affirmative.

USMAMule

 

grendel,

you seem to be pretty knowledgeable regarding insurance and how all this **** works.

lets go hypothetical here and say the OP doesn't deal at all with the other guy, and instead just goes thru his insurance as you advised him to do.

deal thru them, only them, and let them handle all the heavy lifting.

what kind of a resolution do you see forthcoming from a situation like this if it's handled that way.

toastman.

 

Your own Ins Co might be limited as to what they can pay due to policy limitations/restrictions. The other guy's Ins Co isn't.

I'd play it by ear. Maybe wait a couple days and see how the other Company is acting. Maybe report it to my own Company but tell them that I might deal directly with the at-fault Company for the reasons stated above. See what they have to say. It takes a few days to get the Accident Report anyway.

I'd just be honest with my own Company and tell them that the other Company has an obligation to make me whole, while my own Company only has to pay on whatever coverage I had on my own policy.

Ins Cos 'score' incidents. You get hit 'while legally parked' and the 'scoring' on that is so tiny as to be insignificant. You hit a bus-load of Cub Scouts with a Blood Alcohol content of .18% and that is scored slightly different. "Hit while legally parked'? It's 'scored' but it's virtually invisible.

I'd just keep my own Company 'In the loop' as a courtesy. If you have to fall back on them, it's nice to have told them about it near the begining.

 

gotcha, but isn't it your ins. co's job to go to bat for you against the other guy's insurance co?

i'd be a little intimidated trying to get everything i think i'm entitled to dealing personally with an insurance company.

 

This happenned to me a month ago. I was fortunate that the guy that backed into my bike and knocked it over was honest. We exchanged insurance information and I had my own insurance company send an appraiser after I got a quote from the Harley dealer. I recieved a check for the full amount of the stealers quote. My insurance company worked it out with his. I was happy in the end, considering the hassle of it all.

 

fortunate isn't the word.

people like the one you came into contact with are becoming more and more rare these days.

 

Much of the time, that is the better way to go.

If you've got a 2007 Toyota Camry with no after market stuff, nothing fancy, no mods, improvement, enhancements, etc. Yeah, I'd just use my own Company and let them worry about it. Easy. Piece of pie.

But I believe the OP said he had some aftermarket stuff on his bike as well as (what?) helmets or something? If you don't have the coverage for accessories (or whatever it's called these days) over 'X' amount of dollars and you're going to be left out in the cold for several hundred bucks, that's where it gets a little dicey. Your own policy could fall short of leaving you whole. It happens. And it's not their fault.

The other Company has an obligation to leave you whole. Sometimes, certain Companies will drag their feet when their policyholder is in an at fault accident. They'll take their time and see if the first party Company (yours) is going to do all the leg work and all they have to do is cut a check to the other company, saving all the expense of assigning a Claims Adjuster, opening a file, etc, ad nauseam. That's when things can get crummy for the first party.

There is no 'best way' to handle a claim. You just do it. Some Companies will underwrite even a not-at-fault claim, many won't. Some Companies don't want to be bothered, some prefer to be kept up-to-snuff with what's going on with their policyholders. Some might get pissy because you reported the claim, some might get pissy if you don't.

Personally, I'd report it but listen to the other Company. Try to get what's right, no more, no less.

 

gotcha.

the only accident i was ever in was at 4AM with a cab.

i was at fault and he T-boned me bigtime. almost totaled my car.

i handed him a grand to cover his damages right there on site and limped my car home and paid for my repairs out of pocket.

never dealt with insurance companies, agents, adjusters, etc.

the cabbie didn't want anyone to know and i was fine with that, as i wasn't gonna see any money from his company because i pulled an illegal u-turn without signaling.