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  1. #1
    Join Date
    Dec 2013

    Question Accident with Self-Insured Township Vehicle

    involves an accident that occurred in: New Jersey

    Was driving approx 50mph in a 50 zone. Guy driving the township snow plow pulled right out in front of me. To avoid possible death and by reflex, I cut the wheel and tried to turn down the road he pulled out from (it was a 'T' intersection for him). I had to make that turn too wide, I went over train tracks that were off the pavement and sticking up like a foot high and then hit and took down a RRX sign which I ended up stuck on top of. I wasn't hurt. I immediately took cell phone video of his plates, which I couldn't get because I think they were blocked or something, and he was backing up towards me anyway so I didn't think he was running. There was snow on the ground but not on the streets. I took video showing my tracks in the snow off the pavement going over the train tracks on showing the car stuck on the RRx sign. There were no issues with my car like brakes or lights out etc that would cause it to at all be my fault.

    Guy admits it's his fault and calls the cops. cop comes, makes the report, and deems my car undrivable and thus must be towed away. I took video of the tow truck removing my car from the sign to show that he didn't cause further damage, which he didn't.

    I have basic liability only. I called my ins the same night to get everything on record. I waited like 2.5 weeks for the accident report to available so I could get the other pary's ins info and make a claim with them. I bought the report as soon as it was available. The report matches my report above and has a graphic showing my car hitting the RR tracks where it's unpaved before hitting the RR pole which helps prove that the under frame of the car is jeopardized and not just a body shop repair. The other party is self-insured by the township. There was a 2 day delay for the report because they 'messed up an address', so I had to wait even longer to get a rental which I still don't know if I'm getting. I tried to call the township's self insurance people the same day I got the report to make the claim, but "they're not available untill 4 days" because of Christmas presumably.

    Instead of contacting them as soon as Christmas passed, I decided last minute to run things by my ins for suggestions on how to handle the other party's ins. I emailed my ins a copy of the report and all info about 4 days ago, but they never replied and I was sick for about 2 days of those days, so I couldn't nag them. I called my ins today and they aparently got all the stuff I sent but never replied, and they were basically no help and said to just call the other party's ins.

    The reason I contacted my ins last minute instead of contacting the other party's when I finally had the chance is the same reason I'm posting here, which is for advice on how I should go about:

    1) rental car. I read that when people know the accident wasn't their fault (even if the two car's didn't actually collide like in my case), they go ahead and rent a car right after the accident even if they don't have rental coverage on their own policy, and then the other ins will pay the bill once they admit liabilty after the report is released and the investigation's on the way. But there are also people saying that there are all these fine lines if they'll pay at all or only a certain amount etc. I couldn't risk paying any of a rental car without it being reimbursed, so I've been without a car and work for like 3 weeks. I work off the books which is another reason I thought I might nto get reimbursement for renting a car, which is really invalid especially in this cold weather, I'm not exactly going to ride a bike to the supermarket to get food and haven't been eating well and think that's why I was sick for a few days.

    2)tow truck cost me like $250. I have receipts.

    3) cost to register next car I buy with the money I get from book value of accident car. I assume %95 they'll just take the car and give me book value.

    For #1), I was thining to ask for approx $3K they should give me for not renting a car this whole time and for the inconvenience of not having a car and loss of work. And that they should get me a rental car ASAP. they'll probably say no to 3K but will hopefully work something out besides the rental car, the tow truck, teh book value of wreck, and the re-registration.

    2) I had the car towed to my house where it will be assessed. I will leave a note on the dash in case I'm not here clarifying that I have video and the report proves it's much worse than just the obvious body work damage.

    3) I haven't read anything about being reimbursed for re-registration, but it makes sense - this actually all makes perfect sense that it's a no-brainer that I shouldn't even need to hire a laywer to help represent to have the other party make good on all these things - it doesn't matter it's a car accient and that the laws can play unfairly each way, They screwed up my car and life the past few weeks and I want reimbursement. To say they don't have to pay for anything except the car value, is like saying if I deliberately burn a house down that I only to reimburse the book value of the house and that's all the homeowner gets unless they have more insurances. They would have to pay for hotels and everything else I guess and coulnd't come after me for reimbursement.

    I'm hoping to get some input before contacting the other party's ins tomorrow so I can hopefully get a rental. Thanks.

  2. #2
    Join Date
    Sep 2011

    Default Re: Accident with Self-Insured Township Vehicle

    It appears on the surface, their counterargument will be you failed to properly respond to the flashing lights and actions of the emergency vehicle. Your failure to properly respond caused you to lose control and crash into the RR sign pole.

  3. #3
    Join Date
    Dec 2013

    Default Re: Accident with Self-Insured Township Vehicle

    if they try and lie their way out of this, all hell will break loose. the plow pulled right in front of me, regardless of lights sirens anything, I think he was on the phone or something. Again, the report states what I stated - it was all their fault.

    So assuming they don't try to say this wasn't their fault, which I'm %95 sure they won't, is there a better way to ask for 1) 2) and 3), or basically just ask them when I get in touch with them tomorrow?

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