tc3

iTrader: (2)

soo i live in the area of sanford that doesn't deliver pizza after dark...
well, this time last week i got a knock on the door, sure enough it was sanford police department. My car was parked properly in a parking spot next to another properly parked Chrysler 300. Well here is the story the guy who caused the damage said:

He was coming into the apartment complex at 10 MPH and the guy behind him came passed him and cut him off... soo in order to not hit him he ran his beat up F150 into the back end of the 300 pushing it approx 5 to 6 feet until the 300 hit my camaro pushing both another 2 to 3 feet.

Now isnt that a bit far for a truck to push 2 heavy cars at 10 mph with the driver saying he slammed on the brakes and locked them up(no tire marks btw)

Soo it seems like his story doesn't hold up, but a witness agrees to it.

The worst part is that the car that caused him to swerve ran away and (was later spotted by witness but cops did nothing) and on the police report it is written as a phantom car.

Because of that the F150's insurance is not accepting liability, which means i have to go thru my own insurance paying the $500 deductible to repair my baby....

Sooo any words of advice would be greatly appreciated!!! Thanks to all who sat and read the whole thing!

And btw, the damage is done to the right rear quarter panel... badly, slit the sidewall of the tire, and huge gash in the wheel...

chevyman9306

iTrader: (9)

Take him to court Don't really know that is an ackward situation

maverickmk

iTrader: (10)

I thought there was no deductible when your car is parked and you're not in it - ? If not at least try to sue him for the deductible. I don't understand his insurance company not accepting responsibility. WTF is that all about? What insurance company does he have? What's your insurance company?

tc3

iTrader: (2)

well i have nationwide and he has allstate. They both seem very lazy and hard to work/communicate with...

But i just cant allow this nonsense.... why should i have to pay for something i had nothing to do with??? IDK what happened before... this white trash dude in F150 was probobly talking **** to the other guy and was supposed to get what he deserved...

And from what i understand with the "phantom" car running away is more like a hit and run? but he didnt hit anyone... idk this is ridiculous.

Thanks for comments guys... keep it coming!

mrbss

iTrader: (3)

"Phantom" crashes in Florida are a little different TC3. (Im a police officer) 1, it needs to be determined that this witness is an independent witness, not a friend or other known person. Independent witnesses are the best. Phantom means that the vehicle is unable to be determined. Basically without a vehicle make/model and partial tag, a vehicle will be considered phantom. Just a make/model is not sufficient. 2, if it happened in a parking lot, all that is issued is a drivers exchange of information or a drivers report of a traffic crash, not a short form traffic crash like issued when a wreck happens on a public road/highway. Some agencies still don't do a long form if the damage is under a certain estimated value. Typically in this case, you do handle the repairs through your own insurance company at the repair level and at that point your insurance determines whether to go after the other drivers insurance company or write it off. Let me know if I can help you out in explaining this any further.

tc3

iTrader: (2)

thanks for the detailed explanation. I understand, i just can not justify how i could be forced to pay for the damages done from someone else...

But i would like to know your perspective as a police officer on something else. The witness(independent as you describe) pointed out the "Phantom" vehicle to the officers as it was passing by later saying "i think that's the car" officers said that think wasn't enough and did nothing... not even question.

And also the driver who hit us was never tested for drugs or alcohol however he clearly didn't appear the most conscious to me. not to mention he hit a pole 2 weeks prior so obviously this isn't uncommon.

Id like to have your take on this if you don't mind, im debating whether or not its even an option to contact an attorney?

Sorry for my ranting but thanks for the input!

jman32779

iTrader: (2)

I would make it clear to his insurance company that their customer hit a parked car, and if they dont cover all your repair expenses. They will be sued. And you will win by the way. He is clearly at fault. His shitty f150 drove straight into a parked car! They will deny you for a while. but ultimately pay. And don't hesitate to tell your insurance company that you pay them every month to be your advocate. So they need to negotiate with his insurance on your behalf! After all, us f-body guys give them a **** ton of money every month for a what if!!!!! It would be nice to get something in return!!!
btw. I live in a similar part of Sanford. ( I can see the police station from my house) and have been broken into several times. In broad daylight. They stole my custom Ibanez s540! When I filled out the police report, I had to spell guitar for the police officer! They didn't even take finger prints so I am not suprised they were of no assistance. That would have taken effort.
Take your car to the best shop in Florida and force his insurance company to pay for it! After all.... 10 miles an hour is slow enough to stop on a dime!!! He didn't have to hit your car!!!

mrbss

iTrader: (3)

I can't tell you why he wasn't tested for DUI by the officer's on scene and don't want you to think im taking up for them because honestly a lot of them just don't give a **** about the quality of their work. Here's what I think about it though. For an officer to successfully charge someone with DUI, several things must happen. The independent witness kind of ruins it in this regard because his story matches the drivers story from what you say. Someone has to put the driver in the seat of the car. I.E. you could be drunk as a skunk, run into a telephone pole, tell me you ran into a telephone pole but if no one else can you put you at the wheel at the time of the crash, you can't be charged with DUI. Stupid huh? I don't get it either. I can't tell you why the officer didn't conduct field sobriety exercises. Should he have? Honestly, it's a judgement call on his part based on the facts he has in front of him. As far as the witness saying "I think that's the other vehicle" I would have either stopped them or requested another officer to just to quickly confirm or excuse that vehicle from the incident. "I think" is probably the two words an officer hates to hear the most because next thing you know a person can point out something that doesn't even closely match the other vehicle. Realistically, it's hard for an officer to act on "I think". Hope that helps. I don't really know what to tell you about the insurance because we just don't deal with it at that level very much. Sorry, but I hope i've helped atleast a little.

SSJIMMY

iTrader: (8)

how is the owner of the 300 handling things? maybe you two can both go at the trucks insurance.

What part of Sanford are you in?

tc3

iTrader: (2)

uhg... ok so now apparently due to allstate being impossible to reach due to the original guy handleing our case on leave for a week, i guess its still up in the air on their side... geezzzz...
seems as if his own insurance questions his story from what ive heard...

However the person with the 300, it was a rental car so he has to go threw his personal insurance regardless.

And i live in sanford around 46 and 17 92, and got a quote at the recovery room, bare minimum is going to be 2300... most likely going up to 3000, especially after i find out what that new RR noise is haha

hah... thanks for help guys... at least it isnt so depressing anymore... ill keep you updated

gillta95

iTrader: (2)

I work as a legal assistant at a personal injury office; you wouldn't be able to suit the driver of the car that crashed into your car directly. Your insurance is the one responsible to suit the faulty driver. Give the insurance company time to process the claim, usually takes up to 2 weeks, not more. If you want to speed up the process, first get the police report and two estimates of the damages from shops that work with your insurance. Depending on your policy, your deductible is usually set for your fault accidents, and no insurance company in their right mine will place any fault on a driver's parked car.

Count of Monte Crlo

iTrader: (2)

Correct, it is basically up to your insurance company to go after the other insurance company to get them to pay up and possibly include a refund on your deductible. This is why I have a $100 deductible lol