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car accident - what to do?

post #1 of 22
1/9/12 at 12:12pm
Thread Starter 
so i ran over a road hazard that flattened two of my tires - now while the car was getting towed onto the tow truck (flat bed).. the tow driver decided to be lazy and drive my shit up the ramp. (past monday)
i guess he wasnt used to my car and he dabbed the throttle and drove straight into the winch.... punching a hole in my front bumper..
now the driver was cooperative and the tow company owner was cooperative until now (not returning my calls)
so, we exchanged contact info, i gave the tow company's contact to my repair shop and they discussed about the repairs. (past tuesday)
then after the discussion - i followed up with the tow company owner and he said the repair is too costly to pay out of pocket so he will file insurance. (past thursday)

now, i called the owner friday and today (exactly one week since the accident) and he wont return my calls even after i left him messages.

what actions can i take?
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post #2 of 22
1/9/12 at 12:20pm
Call his insurance company.
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post #3 of 22
1/9/12 at 12:38pm
Thread Starter 
i dont got his insurance company's info
i got his towing company info
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post #4 of 22
1/9/12 at 12:42pm
facepalm.gif

In that case, either learn to love the hole in your bumper, or chalk the out-of-pocket expense of repair up to tuition paid for the "what not to do after an accident" course you just took.
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post #5 of 22
1/9/12 at 12:51pm
Thread Starter 
Quote:
Originally Posted by MrG View Post

facepalm.gif
In that case, either learn to love the hole in your bumper, or chalk the out-of-pocket expense of repair up to tuition paid for the "what not to do after an accident" course you just took.

the driver said call the owner because he wants to pay cash
so no insurance info was exchanged
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post #6 of 22
1/9/12 at 12:56pm
Quote:
Originally Posted by MrG View Post

facepalm.gif
In that case, either learn to love the hole in your bumper, or chalk the out-of-pocket expense of repair up to tuition paid for the "what not to do after an accident" course you just took.

^^^ THIS.

Either you can live with it, or you get the info, or you call the cops and let them get the info (and I had to go with option 3, once).
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post #7 of 22
1/9/12 at 1:07pm
I was only half snarking when I said you're screwed. Not getting insurance information was a huge mistake. If you couldn't get it from the driver of the truck, you should have gotten the company policy. If they wouldn't give it to you, you should have called the cops immediately.

With regard to the question at hand, Thomas pretty well has it covered, but I'll add some other options: You could have your insurance fix it, and then send them after the guy. Or, if you don't want to do that, you could take him to small-claims court. Of course, aside from the damage to your car, you have zero documentation that any of this happened, and you can't prove that he was at, or accepted, fault, so both approaches are a crapshoot.

The above said, it's been a week since the wreck, and it's only been two working days since you called regarding the repairs. He may well be trying to screw you, but people get busy and don't always return phone calls immediately. I don't imagine paying money to get someone else's car fixed is at the top of the guy's to-do list; it's hardly time to start freaking out.
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post #8 of 22
1/9/12 at 1:11pm
Thread Starter 
Quote:
Originally Posted by MrG View Post

I was only half snarking when I said you're screwed. Not getting insurance information was a huge mistake. If you couldn't get it from the driver of the truck, you should have gotten the company policy. If they wouldn't give it to you, you should have called the cops immediately.
With regard to the question at hand, Thomas pretty well has it covered, but I'll add some other options: You could have your insurance fix it, and then send them after the guy. Or, if you don't want to do that, you could take him to small-claims court. Of course, aside from the damage to your car, you have zero documentation that any of this happened, and you can't prove that he was at, or accepted, fault, so both approaches are a crapshoot.
The above said, it's been a week since the wreck, and it's only been two working days since you called regarding the repairs. He may well be trying to screw you, but people get busy and don't always return phone calls immediately. I don't imagine paying money to get someone else's car fixed is at the top of the guy's to-do list; it's hardly time to start freaking out.

i called amex for the towing - when the guy crashed my car, amex called to see if the tow truck has arrived so i told them what happened and they said they'll make a record of it.

i took pictures of the damage with the driver and the tow truck

my shop who knows me pretty well called the towing company and discussed the damages and the repair costs, so i assume they can be used to prove that there were damages done because the owner has to admit there were damages done to discuss repairs
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post #9 of 22
1/9/12 at 1:17pm
^^ If you're that confident in your evidence, your question has been answered.
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post #10 of 22
1/9/12 at 1:37pm
You could attempt calling your insurance company to see if they would go to bat for you in this situation. Having them act as your advocate in situations where you are not at fault may be something they are willing to do. I had something similar happen to me a few years ago and the responsible party failed to take care of it properly. I contacted my insurance company and told them of the situation and they were more than happy to sic their dogs on those responsible for the damage. I had a call from the other party's insurance provider 24 hours later and a check for the damages 24 hours after that.

Of course, YMMV depending on who your insurance provider is (I use USAA).
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post #11 of 22
1/9/12 at 8:36pm
Huh? Why is it so complicated? I thought the point of you having insurance is that when stuff like this happens you don't need to go through the trouble.
You get the guys info, you tell your insurance company. You get your car fixed and your insurance company sort the stuff out with the guy or the guys insurance company.
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post #12 of 22
1/9/12 at 8:49pm
Quote:
Originally Posted by junior varsity View Post

the driver said call the owner because he wants to pay cash
so no insurance info was exchanged

trusting a tow truck driver- big mistake.
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post #13 of 22
1/9/12 at 9:06pm
Quote:
Originally Posted by MrG View Post

facepalm.gif
In that case, either learn to love the hole in your bumper, or chalk the out-of-pocket expense of repair up to tuition paid for the "what not to do after an accident" course you just took.

this
Quote:
Originally Posted by acidboy View Post

trusting a tow truck driver- big mistake.

and this

at this point, even if you call the cops or go to court, in the end its your word versus his. and if he thinks it will fuck with his job you best believe hes gonna deny everything.

ALWAYS get insurance info on the spot and call ASAP. sadly i have a lot of experience with fender benders. frown.gif
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post #14 of 22
1/9/12 at 11:41pm
Buy a new car?
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post #15 of 22
1/10/12 at 12:44am
Quote:
Originally Posted by bringusingoodale View Post

Buy a new car?

The Styleforum solution!
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