Help with mini-tort claim

[mjo]

My Saturn SL2 was hit by a Semi truck a month ago. I'm not hurt but my Saturn is a mess to say the least. I had it on Liability-only insurance so my insurance company won't pay the bill for me. I have this insurance because it seems pointless to have a deductible when the car is 13 years old. So I'm trying to get the mini-tort which is where the other insurance company (Westfield) will pay up to $500 if their insured driver was at fault.

The problem is that the trucking company hasn't given me the policy number yet. They are obviously trying to avoid filing with their insurance Co., Westfield, because then their premiums will increase. The policy number on the police report is either wrong or not legible. I called Westfield and they said the policy number that I gave them expired in 2006.

The HR person at the Trucking Co. said to send them a letter detailing how I was hit, which driver hit me, a copy of the police report, and a copy of the repair estimate. They said they would reimburse me. I'm wondering if I should go ahead and do exactly what she said or if I need to watch out for something. Should I believe the Trucking Co. or should I continue to pursue the policy # and the mini tort through Westfield? Has anyone gone through the same ordeal and is there anything I should watch out for? Thanks in advance!

 

[Johnny]

Is you Saturn drivable? If so, I would take it down and get an estimate for repair then do exactly what the lady said. Why settle for $500 when you might be able to get the car fixed. If their driver was at fault I would imagine the company would send you a check direct, depending on how large of a trucking company they are. A lot of large companies are self insured.

 

[dwendt44]

File suit against the company and/or the driver.
They'll either settle or file the claim.

Small claims courts are inexpensive and for small claims under $1500(varies by state).

 

[road_rascal]

Michigan has a $3000 small claims court limit. I would send a certified letter to the trucking company stating that you're going to file a small claims case against them and see what happens. Small claims court is a great way to go.

 

[javacontour]

It certainly would not hurt if they thought you were going to inform the state DOT that the insurance card presented has been expired for years.

Nothing like the fear of those folks going over your books to get them motivated

 

[Drew99GT]

I'd try a free consultation lawyer that only bills on contingency!

 

[Aldaris]

Originally Posted By: mjo
My Saturn SL2 was hit by a Semi truck a month ago. I'm not hurt but my Saturn is a mess to say the least. I had it on Liability-only insurance so my insurance company won't pay the bill for me. I have this insurance because it seems pointless to have a deductible when the car is 13 years old. So I'm trying to get the mini-tort which is where the other insurance company (Westfield) will pay up to $500 if their insured driver was at fault.

The problem is that the trucking company hasn't given me the policy number yet. They are obviously trying to avoid filing with their insurance Co., Westfield, because then their premiums will increase. The policy number on the police report is either wrong or not legible. I called Westfield and they said the policy number that I gave them expired in 2006.

The HR person at the Trucking Co. said to send them a letter detailing how I was hit, which driver hit me, a copy of the police report, and a copy of the repair estimate. They said they would reimburse me. I'm wondering if I should go ahead and do exactly what she said or if I need to watch out for something. Should I believe the Trucking Co. or should I continue to pursue the policy # and the mini tort through Westfield? Has anyone gone through the same ordeal and is there anything I should watch out for? Thanks in advance!

Duty
Breach
Causation
Injury

Can you clearly define these?

 

[mjo]

Johnny - I drove it to a collision shop and the repair estimate was for $2800.

I'd rather not go through a lawyer because I'm very busy but would like at least $500. I believe I could buy the right parts and fix it up myself for that much.

But then again, I could have been killed in the accident. Does that mean something in small claims court?

 

[Drew99GT]

Who got the ticket? I think one call from a lawyer would end this and you'll get a check for your $2,800 or they will total the car.

They just need a little motivation!

 

[mjo]

Yeah I think you're right about the motivation part, Drew. I didn't have much luck speaking with the truck company directly. They kept transferring me to other extensions. As soon as my insurance company agent called the trucking company they responded in less than 5 minutes.

The truck driver was 100% at fault and got a ticket for the accident.

 

[ekpolk]

I agree with the comments in favor of small-claims court. It is a wonderful way to go for cases like this. Filing on both the trucking company and the driver will force them to decide whether or not they want to pay directly or turn the matter over to their insurer (who usually has a duty to defend them in court -- remember, a corporate entity normally MUST be represented by a lawyer in court). If the company is corporate, just the spectre of having to get a lawyer to defend them in court may be enough to shake 'em loose.

 

[dwendt44]

First step, if you pass on smallclaims, might be to have your lawyer write a stern letter to the company.
That may shake them loose; they may settle it themsleves if they are worried about their insurance rates.

 

[eljefino]

Go after the trucking company. It is the company that's technically liable, they then get to decide if they want to use their insurance or pay you.

Send 'em a registered letter, say they wrecked your car, they owe you $2800, pay up ASAP.