No camping for some time

[Ejs4029]

Originally Posted by wet in washington

If the driver of the lumber truck was not cited then how can he or his company be liable?

Just because no one was cited does not mean no one was at fault. The Trooper didn't issue a citation to the lumber truck driver so it's my understanding the insurance company will look at what are called contributing factors of the accident on the police report and try make a determination to the at fault party.

[The Big Toe]

At the risk of repeating myself.... Nobody cares what the Cops think. People confuse civil and criminal. Nobody cares who did, or didn't get a ticket. And nobody cares what the Cops think.

This is a civil case. Most States are comparative negligence States. Let your (the OP's) Insurance take care of his claim and the insurance companies can subrogate if they want to (they will). They don't really fight about it. They don't sue each other, they go to subrogation. If they reach an impasse, they go to binding arbitration. Most of the time it's just like, "You owe us $75k, please send it." Which, to an Insurance company is like 75 cents to us.

They don't give money away but if their customer is wrong, they're gonna pay. Unless the customer wants to fight. Another topic for another time. Let's not get in the weeds.

Unless somebody was seriously injured, the chances of these kinds of cases ever seeing a court room are slim. It happens, but the Judge can cop an attitude and you never, ever know what a Jury will do.

[Chris Pastuzyn]

Glad to here everyone vis ok, I to was recently involved in a crash to where a utility trailer was hanging out of the road slightly and the lexus didn't see it ,clipped it and sent him head on into me,6k worth of damage to my truck, Lexus was totalled, Insurance is going after lexus and land scape company, Definitely let your insurance company do their job!

[Qwkynuf]

Originally Posted by wet in washington

If the driver of the lumber truck was not cited then how can he or his company be liable?

As others have more or less said, the police decide whether they believe that a law was broken, and if needed, issue a citation for traffic court to decide.

Insurance companies decide which party is at fault (or how much each party contributed to the fault) for the purpose of deciding whether a claim is going to be paid, how much, and by whom.

These are separate events, even though they may complement one another.

A citation would certainly contribute information that would likely be used in the decision making process, but remember that you can be at fault without being cited (as described by the OP), but you can also be cited while not being at fault. A friend of mine was in a wreck once where he hit a car in front of him on the freeway after it lost control. Apparently the car drifted off on to the shoulder, overcorrected, and started to spin out. My friend hit him. Both drivers got tickets - the car in front for leaving the roadway, and my friend for following too closely. Both were also ticketed for "VBR" (Violation of Basic Rule), which is a 'catch all' in Washington State that basically says that regardless of the posted speed limit, you were driving too fast for those conditions, at that specific moment.

[TitanMike]

Originally Posted by Qwkynuf

As others have more or less said, the police decide whether they believe that a law was broken, and if needed, issue a citation for traffic court to decide.

Insurance companies decide which party is at fault (or how much each party contributed to the fault) for the purpose of deciding whether a claim is going to be paid, how much, and by whom.

These are separate events, even though they may complement one another.

A citation would certainly contribute information that would likely be used in the decision making process, but remember that you can be at fault without being cited (as described by the OP), but you can also be cited while not being at fault. A friend of mine was in a wreck once where he hit a car in front of him on the freeway after it lost control. Apparently the car drifted off on to the shoulder, overcorrected, and started to spin out. My friend hit him. Both drivers got tickets - the car in front for leaving the roadway, and my friend for following too closely. Both were also ticketed for "VBR" (Violation of Basic Rule), which is a 'catch all' in Washington State that basically says that regardless of the posted speed limit, you were driving too fast for those conditions, at that specific moment.

To add to what you said, often no citations are issued "at the scene" and can be mailed some time later. Information is gathered, perhaps a reconstruction is done based on evidence gathered, and after review THEN a citation is issued.

Unless YOU were cited you may not know if the other party was cited. Your insurance company will though.

[upflying]

Originally Posted by TitanMike

To add to what you said, often no citations are issued "at the scene" and can be mailed some time later. Information is gathered, perhaps a reconstruction is done based on evidence gathered, and after review THEN a citation is issued.

Unless YOU were cited you may not know if the other party was cited. Your insurance company will though.

Even without a citation issued, the CHP collision report (form#555 page 2) has an area on the collision report for who was the primary cause of the collision. Often citations are not issued unless there is a 3rd party, neutral witness willing to testify in traffic court. The form includes a check box on whether a citation was issued or not. (14-10 in the link)
https://www.nhtsa.gov/sites/nhtsa.do...chapter_14.pdf

[ronheater70]

Sounds like the OP did the only thing he could which was brake to the median to avoid hitting the car in front of him.. Seems the lumber truck tried the same thing but then the median was occupied by the OPS truck , Seems everyone tried to avoid it and lumber truck lost.

[Thurman]

Follow up: As of Dec. 14 there is no accident report on the Georgia State Patrol website that the GSP officer gave me info to get an accident report. I called my local insurance agent who gave me info to file a claim on my insurance (Safeco) then they will go after the other drivers insurance-IF they can find out who their insurance company is. The lady at Safeco wanted my version of what happened and what part(s) of my truck were damaged. After telling her my version of what happend and my description of the damage she told me that my truck will most likely be totaled. Then she gives me the bad news--her computer tells her that my truck is worth $16,000. NOT acceptable. She then tells me that I have no choice but to accept the insurance company's offer as they now own the truck. They are sending someone to the local body shop to pick it up tomorrow (Tue). My personal property inside the cab of the truck and my tool box, which has a good $500 worth of electrical tools in it, are also now the property of the insurance company. Somehow I will find a way to be at the body shop tomorrow to stand firm against them getting my truck. The body shop had not been able to evaluate the damage to the truck because we cannot get an accident report. Unofficially the body shop guy told me that the truck can be fixed IF there is no frame damage. A new bed, lights, repair the two dents at the back of the cab where the bed hit the cab, air bag replacement, etc. is basically what it will take for the repairs. "Podgeek" your reply was spot on. I did go to the median to avoid hitting that KIA Soul in front of me. The lumber delivery truck was what I call a 5 ton truck with an empty flat bed. That flat bed may have acted as some type of sail from the air caught beneath the truck as it did the 180. The driver even told the Lee Co. Ga. Sheriff's deputy's that the truck got airborne. Because the accident involved a commercial vehicle the GSP was called to the scene. It's about a 4 mile walk to the body shop but I will be there tomorrow morning. I've also decided to "Lawyer Up" as they say.

[DougW]

Originally Posted by Thurman

Follow up: As of Dec. 14 there is no accident report on the Georgia State Patrol website that the GSP officer gave me info to get an accident report. I called my local insurance agent who gave me info to file a claim on my insurance (Safeco) then they will go after the other drivers insurance-IF they can find out who their insurance company is. The lady at Safeco wanted my version of what happened and what part(s) of my truck were damaged. After telling her my version of what happend and my description of the damage she told me that my truck will most likely be totaled. Then she gives me the bad news--her computer tells her that my truck is worth $16,000. NOT acceptable. She then tells me that I have no choice but to accept the insurance company's offer as they now own the truck. They are sending someone to the local body shop to pick it up tomorrow (Tue). My personal property inside the cab of the truck and my tool box, which has a good $500 worth of electrical tools in it, are also now the property of the insurance company. Somehow I will find a way to be at the body shop tomorrow to stand firm against them getting my truck. The body shop had not been able to evaluate the damage to the truck because we cannot get an accident report. Unofficially the body shop guy told me that the truck can be fixed IF there is no frame damage. A new bed, lights, repair the two dents at the back of the cab where the bed hit the cab, air bag replacement, etc. is basically what it will take for the repairs. "Podgeek" your reply was spot on. I did go to the median to avoid hitting that KIA Soul in front of me. The lumber delivery truck was what I call a 5 ton truck with an empty flat bed. That flat bed may have acted as some type of sail from the air caught beneath the truck as it did the 180. The driver even told the Lee Co. Ga. Sheriff's deputy's that the truck got airborne. Because the accident involved a commercial vehicle the GSP was called to the scene. It's about a 4 mile walk to the body shop but I will be there tomorrow morning. I've also decided to "Lawyer Up" as they say.

I would think you most certainly DO have a choice to not accept their first offer, insurance does not normally just give a price over the phone. Sounds like they are trying to bully you into taking a pittance.

I don’t think the truck belongs to the insurance company yet, not unless you signed the title over to them. If they come and take the truck you have a possible case of grand theft auto. That could get interesting.

I am pretty sure any personal items in the truck still belong to you unless they were damaged and the insurance is going to add the cost of replacing them to your settlement.

At this point I think getting a lawyer is a good move because it seems to me the insurance company told you some things that are a bit odd.

[upflying]

Originally Posted by DougW

At this point I think getting a lawyer is a good move because it seems to me the insurance company told you some things that are a bit odd.

IMO a lawyer is premature at this point. Let the dust settle a bit and let the actors play things out..the collison report isn't even written or available yet.
I also doubt a lawyer would take the case on a property damage only, non injury collision..not enough money in it.
OP get Safeco to provide you with a rental car or truck.

[PodGeek]

Originally Posted by Thurman

...Then she gives me the bad news--her computer tells her that my truck is worth $16,000. NOT acceptable....

How many miles on the truck? I see prices on those things that are all over the lot.

Originally Posted by Thurman

...She then tells me that I have no choice but to accept the insurance company's offer as they now own the truck.....

That seems bizarre to me. Any legal eagles out there that can explain this?

[upflying]

Originally Posted by PodGeek

How many miles on the truck? I see prices on those things that are all over the lot.



That seems bizarre to me. Any legal eagles out there that can explain this?

As mentioned, a vehicle deemed a total loss will be titled to the insurance company.
A Safeco CSR on the phone with the OP is probably encouraged to lowball a first offer to settle the matter quickly. OP needs to go up the Safeco chain of command for a better offer. I would imagine any offer will be at or near low retail from KBB.

[PodGeek]

Originally Posted by upflying

As mentioned, a vehicle deemed a total loss will be titled to the insurance company....

I had a wreck back in the late 80s and the first body shop I went to said the car was totaled. I loved that car. My insurance company (Amica...the best one in all the land, in my experience) said if I could find a body shop that would do the work for less than the car's value as a total it was fine with them. I found one, and it all worked out.

This Safeco thing sounds pretty fishy to me. Wouldn't the OP have to agree to the fact that the truck was totaled, agree to a settlement, and then sign the title over?

[D W]

As with any insurance policy, the devil is in the details, i.e. the fine print concerning the event of a total loss, and then most policies have the "implied consent" clause that forces you into "Binding Arbitration" in the event of a dispute. I doubt that a lawyer would take a case in this early stage.

[koller1509]

They are NOT entitled to your PERSONAL property in the truck, and the truck belongs to you until you endorse and cash the check!

[NancyJane]

To the OP, I was recently rear-ended in my F150 and I got a hand-written report from the state police officer that responded to the scene. It included all the information, name, address, insurance company, etc. of the person that hit me. I had to send a check and order a copy of the full police report from the DMV, which I'm still waiting for.

Did you get nothing like that???

[upflying]

Originally Posted by NancyJane

To the OP, I was recently rear-ended in my F150 and I got a hand-written report from the state police officer that responded to the scene. It included all the information, name, address, insurance company, etc. of the person that hit me. I had to send a check and order a copy of the full police report from the DMV, which I'm still waiting for.

Did you get nothing like that???

Yes, as a courtesy to the involved parties, many LEO's provide information about the other drivers at the crash scene to expedite the insurance claim process. But some agencies do not investigate PDO collisions mainly because it is considered a civil matter. Policy and procedures dictate what the LEO does and doesn't do at crash scenes. Good reminder for everyone to carry paper and pen in the glovebox for exchanging driver information on the side of the road. You can also take a photo of the other drivers documents.
Remember to take a lot of scene photos with your phone.

[Sharon455]

Yeah, their estimate of value is really low. Based on your general area the value should be between $20,000 and $25,000, but the ones for sale are mostly around $32,000 depending on trim and miles. Good luck on your claim, We are also insured by SAFECO for our vehicles and wouldn't accept their offer.

[AlaskaErik]

Originally Posted by upflying

You can also take a photo of the other drivers documents.
Remember to take a lot of scene photos with your phone.

For those of you who still use one of these...

[IMG][/IMG]

be sure to carry one of these with you...

[IMG][/IMG]

[jaymz]

Originally Posted by wet in washington

If the driver of the lumber truck was not cited then how can he or his company be liable?

I would assume because being responsible for an accident isn’t necessarily a citable offense. It just depends on the totality of the circumstances.