Auto Insurance Claims: ITS NOT FAIR, nissan sentra, minites

Question
Dear Richard

Thanks very much for your quick answer! Please let me explain a little more about what happend.

I was driving south-bound and the other vehicle was on my right side at the intersection. There were no traffice signals but just the stop sign on his side. He attempted to make the left turn towards me while I was passing by and hit the passenger side of my car, from the lower edge of the door (just below the handle) to the bumper. I drove over to the opposite lane to avoid the direct contact, otherwise his trailer must have got my tiny Nissan Sentra really good.

On the police report, the drive stated that he had already cleared the stop sign when I tried to pass him by.

Right after it happend, a Post Office employee who addressed himself "an investigator" showed up and took a lot of pictures of the scene including the damage on my car. He also wanted to get some statement from me which I refused. The police took only a few minites with me but the other driver and that investigator guy was with her for at least 10 minutes.

It happended a week ago and I just left message to the contact person given to me by the investigator. My lawyer is going to file a claim for the personal injury, but she said I have to work on the property damage claim by my own. She reviewed the police report and thought it was unfair that the other driver was not cited nor ticketed. She left a couple of messges to the officer to get back to her but haven't received any reply back yet... I doubt if the officer ever returns her call, though.

Hope the above clears your questions on the loss mechanics...

Thanks again!


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Followup To
Question -
I was driving straight when the Post Office trailer, who was trying to make left turn towards me hit my car on rear end of my passenger side. The stop sign was posted on his side but not mine.

The police said my statement is different from what the other driver said. Since there was no witnesses, she could not decide who's fault and did not give him any citation or ticket. According to the police report, he stated that he already created the stop when I tried to pass him.

I just cutoff my collision coverage a couple of months ago and since the trailer is self insured, I have to file the claim against the Post Office myself. What are my chances to recover from the damages? When the other party is involved with the government, is it harder to deal with compared to private insurance companies?

Answer -
What a tale of woe....

Yes, dealing with any self-insured entity is tougher than going the traditional insurance route.. dealing wuth the Fed Government is tougher yet so welcome to what will most likely be a long, drawn-out process that will try your patience and your sanity.

I'm a little unclear on the loss mechanics so I'm at a disadvantage in providing my input on who's at fault.  What do you mean by "already created the stop....."?  Did you mean to say "cleared"?  Prior to the P.O. veh turning were you on the same roadway traveling in opposite directions or where you on intersecting roadways?  If the latter, was the P.O. veh approach the intersection from your left or right?

Suggest you get a copy of the police report for starters.

Get at least two estimates for repairs from reputable body shops.

Take several photos of your car's damage...

Go to the accident scene and make a diagram of the accident scene.... also take at least a roll of photos  showing the physical layout and  pay special attention to traffic control devices, etc...

I'm pretty sure that making a claim v the Fed Govt requires you to file a Notice of Claim within a perscribed period of time and if you don't then any claim is barred... Check with the P.O. and make sure to file the appropriate form(s)...

Based on what you say above (the P.O. veh having a STOP sign and the point of impact on your vehcile (passenger side rear quarter) I would say that you have a fair-good chance of ultimately prevailing.

Don't let them jerk you around or wear you out.... be patient and hang in there.

Hope and trust that the above answers your question(s).

Feel free to get back to me with any additional questions/needs relative to this matter.

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Thanks  

Answer
OK.. now I understand the facts...

Even if the other car had cleared the STOP sign he/she still has a problem because a vehicle with a STOP sign is not suppose to enter an intersection until that vehicle can "clear the intersection SAFELY" and that is not what happened here...

The fact that the other vehicle had a STOP and further that the impact was to your passenger side rear makes this a "near no brainer" as to liability.

The normal rule of thumb re police issuing a traffic citation when an accident occurs is that they had to witness the accident themselves or else the fact must be so indisputable.....

I can't understand WHY your bodily injury (BI) attorney won't help you with your property damage (PD) claim.. It is fairly routine that they involve themselves in a companion PD claim when needed as an ACCOMODATION.....

Let your attorney follow-up with the police officer for what it's worth... I doubt it will change the report...

Ask your attorney whether you need to file a Notice Of Claim for the property damage.. if so get the necessary form(s) and do so within the prescribed period of time.  It could well be that the P.O. will sit back to see if you timely file the Notice... once you file the Notice I suspect you'll then see some activity/interest from the P.O.

Share my earlier reply with your attorney and see if he/she agrees with my suggested plan of action and then initiate same.

Good luck.

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Thanks