Question about car wreck

[Mickalino]

A couple days ago, as I'm walking out of the Post Office, I witness someone back their mini-van right into my truck, and put a dent in it. I start screaming at them to stop, but it's too late, the damage is done.

The damage looks to be about 2 or 3 hundred dollars and I get their insurance info. I call the police but they wont come out because it happened on private property.

Anyway, I'm wondering if I'll be able to get any compensation out of this because there was already significant damage to my truck (in another place).

A few months ago, right after I paid off my truck, I dropped my Comp & Collision coverage since I wasnt required to have it anymore. A week later I wreck it, and it's my fault, so it's not covered. The auto shop pronouced it "Totaled", however I fixed it enough to where it's driveable.

The front left fender is bashed in, and the front bumper is mashed in a bit.

And this other person hit me in the left rear quarter panel.

But I'm wondering, if I report this to their insurance, will they just laugh at me and say, "You're not entitled to anything, your truck was already totaled. And it's not worth any less now than it was before she hit you."

Or am I entitled to compensation regardless ?

[twa]

Did the insurance total it or just the shop?

If the insurance totaled it you would likely not get more than salvage value.

But just because the vehicle has other damage does not mean you will not be paid for damage that occured in another accident. They will however use pre-existing damage to lower a settlement if they total the vehicle.

So yes you can collect,the previous damage really only matters if the insurance compay totalled the vehicle from THIS accident.

[twa]

I just tried to read my own post and it made little sense :laugh:

You are entitled to money for any new damage...Period

[Mickalino]

Thanks, it made sense, after reading it a few times :laugh:

After the first accident, it wasn't the insurance company who totalled it. I didnt bring to an insurance company because neither my insurance, nor his would cover it (since I dropped my Comp/Coll and the wreck was my fault). I took it to a body shop to get an estimate, to see if I could afford to pay out of my own pocket. That's when they said it was totalled and not worth repairing. But like I said, the 2nd accident, where it was the other person's fault, was in a different part of the truck, if that makes a difference.

twa, aren't you the guy who is an auto mechanic ?

[twa]

Own a body shop, I tried to stay away from the "grease monkey" side of cars

The only problem is if the other driver denies responsibility,which makes it difficult to collect on private property.

[Cskin]

Eventhough the Police won't come out to make a report, you can go to the station and fill out a police report. You must do so within 48 hours of the collision! Then, you take the police report to the offenders insurance company and ask for damages. Eventhough the car had damage already from a previous accident, they should still compensate you for the damage the, including the offender himself, believes was caused by his negligence.

I'm not a claims adjuster, but I did stay at a holiday inn express last night. :paranoid:

[Mickalino]

Originally posted by twa

Own a body shop, I tried to stay away from the "grease monkey" side of cars

That's right, you're the author of the famous "Ask a Body Man" thread.

Originally posted by twa

The only problem is if the other driver denies responsibility,which makes it difficult to collect on private property.

Thats my only concern. I dont have any witnesses, besides myself. At least none that I stayed in contact with.

[Mickalino]

By the way, when I file a claim with the other insurance company, and file the police report, am I required to give them MY insurance company info ? It was so obviously the other person's fault, that they didnt ask for my insurance info at the scene. I'm just paranoid about giving out my insurance info out, and having it backfire against me, because I'm really tryin to clean up my driving record

[twa]

As long as the person that backed into you admits to their ins that they were at fault I know of no reason for your ins to be involved. In fact a police report is usually not needed. the fact that it was on private property simply makes it harder to prove who is at fault IF the other person denies responsibility. In most cases people do the right thing and accept responsibility.

The fact you were not driving removes any chance of your driving record mattering imo.