Auto Insurance Claims: accident ?, claims advice, claim help

Question
Hi,

I was sideswiped in massachusetts by a New Jersey tractor trailer. He did not stop-I called the MASS state police and they had me follow him on the highway until they pulled him over.  They filled out a Mass State Police Crash Data Form.  It does not have the drivers policy # on it and he is not giving it to my insurance co.  What are my legal options?  Is there a way to get his policy #?

thanks
DOug

Answer
Hello Doug,

If you have collision insurance you can file a claim for your damages through your own carrier.  Your company will not be happy to pay for damages they are not responsible for.  It will have no effect on your rates, but if he claims not to have insurance they will simply "go after" him.  If necessary, they will probably file a judgment against him.  That will either compel him to pay for the damages (including your deductible)or will force him to give up his insurance company.

If you do not have collision, you will have to take a more frustrating route.

The most obvious solution would be who owns the rig?  Could well be that the tractor and the trailer are owned by two separate entities.  I would start with the tractor.  If it is owned by his employer, they will need to cooperate.  As for the trailer, do you have the name of that owner.  Normally even independent drivers do not own their own trailers.  If you have a name, explain the situation.  Might be a longshot, but they might have required proof of his insurance before agreeing to do business with him.

If none of that works, in my experience I have found that most states have services where they will forward insurance information to consumers.  Start by calling the DMV in NJ and inquire about the process.  Ordinarily this is all done by mail so it might take a few weeks.

If that fails, search for the regulatory agency that licenses trucking commerce.  Assume that you might get caught up in a bureaucracy, but I guarantee you - someone will have the information.  He will no doubt have additional problems with trucking regulators if they discover he is either driving without insurance or is refusing to give up the information.

One last point.  All states require that trucks have insurance.  I will assume that the police ticketed him for failure to prove insurance.  In that case, it is almost certain that he will have to appear in court to prove insurance.  

The police report should include information as to what he was cited for.  You should be able to get the court information online or by inquiring at the clerk of courts in the applicable county in Massachusetts.

Hope all of this makes sense.  You will likely face some delay and aggravation, but rest assured - someone has the information, it is retrievable, and you can get it with enough persistence.  If you have it, go the collision route first.

Hope this helps.  Good luck!

Jane Pytel

http://SolutionsForYourInsuranceClaim.com
http://FloridaAutoInsuranceCentral.com