Auto Insurance Claims: No fault coverage, fault coverage, second car

Question
I was driving on Route 78 in PA. An SUV passed me on the left and cut back in my lane WAY too soon. I swerved onto the shoulder, clipping his rear and could not recover. My truck went off the road and was totalled. I only have liability coverage and the second car left the scene. The tow recovery was 7,200.00. My insurance has denied my claim as the second vehicle cannot be identified. Can I collect? Thanks

Answer
Michael,

The short answer is - you need to read your policy and pay particular attention to the hit-and-run provisions.  Look to see if they will pay for towing or other related expenses in a hit-and-run situation.

As an aside, insurance policies issued in NY typically provide for arbitration of "hit and run" type accidents like the one you're describing.  So if, after reading your policy, you believe the insurance policy provides for the coverage you want then you will likely have to file for an arbitration with the arbitration agency (typically AAA) listed in your insurance policy.

Note also that you might have to prove actual contact with the other vehicle for the arbitration to be permitted so keep any repair records or estimates that show the paint from the other vehicle on your car.

Best regards,

Ernest Ferraro
http://www.ferrarofirm.com