Well...It happened for the umpteenth time, my truck got hit again yesterday.

Was parked up against a wall in an alley working at a building and while taking a smoke break I noticed a moving van hauling ass up towards me.

As Im watching I see his rear door swinging out. Thought, "Oh crap, thats gonna leave a mark". I wave and motion for him to stop which it seems like hes going to do .Hop in the truck, start it and as I go to throw it in D Hector decides to blow past me.

Well, as he accelerates his rear door swings open and smashes the left rear of my truck and Fs my quarter panel up.

And doesnt stop.

Anyway I catch the guy, he doesnt give up lic or ins but begs me to call his boss swearing he will pay. "Ok I thought, wtf I just wanna get it fixed.."
Should have beat his azz on the spot but that never leads to anything good...

Boss agrees over the phone to fix it, my body guy calls him with an estimate last night and gets a pretty rude remark. He discounted the proce pretty heavily, Im not even asking for rental (I work outta this thing).

Do I have 24 hrs....How long?

I shouldnt have any pity on this a-hole but thought if I was in his shoes Id like a chance to pay.

Just had this fixed, too. Man, if it wasnt for bad luck, I ...

I would call it in now. The worst that could happen is that the cops say "too late".

The truck company obviously isn't keeping their promise so screw 'em I say.

Call you local jurisdiction and make a delayed crash report. Most will take the information right over the phone.

I'd pay the company a visit with some witnesses, and discuss the matter with the "boss."

My best guess might be "Hector" is either an illegal or was NVDL and afraid of the repercussions.

Either way, they're liable for the damages.

If all else fails, sue the SOB and really make his day bad

Sounds like me. You try to be a nice guy and they try to screw you anyway. Sometimes I wish I was more of an azzhole up front.

Did you get any pics?

Tell the guy if he or his boss doesn't pay by tomorrow, you're going to the cops asap and filing a report.

You are doing them a favor by offering to let them pay out of pocket, if they can't appreciate this, feck em. At least it's for a business, that probably increases your chances of getting paid since they can't disappear.

I would think delayed reports are very common, since many people try to resolve it themselves before reporting it. Why you delayed it is nothing to hide from the cops or insurance company, but obviously could still hurt your chances. Just don't lie and say it happened at some other time later.

Damn what luck. I think that truck of yours has had more spray jobs than Macaulay Culkin on a vacation at the neverland ranch.

Quote:

Yeah, but only if you have no other option. Suing is expensive, time consuming, and doesn't guarantee you anything!

YOU GIVE THE PEOPLE A CHANCE TO DO RIGHT AND ALL THEY WANT TO DO IS DANCE WITH YOU
SCREW THEM DROP THE HAMMER AND MAKE A POLICE REPORT
REMEMBER NICE GUYS FINISH LAST :silent:

I got pics of the damage where it was parked but didnt think at the time to get pics of the moving van. Got the plate#, info on the co. and owner, bus. and cell#.

Im calling him at 10, to let him know if I dont hear from him by 11 a report gets filed. I cant believe he wouldnt wanna pay. Sounds like he wants it done at some "buddies" shop which wont happen. It got repainted a little over a year ago, its going back to the same place.
Only $85 to file in court and have the Sheriffs serve him, no big deal. Judge didnt buy my story on the hit and run from the trash truck (I did win though), wait til she hears this one.
Lets see...

-Trash truck takes out drivers side 2 yrs ago. Took yr and a half to settle.
-I rearend a lawyer last yr.
-6 mos ago the neighbor backs his truck into the front of mine.
-Got rearended at a red light a month ago .
-Been keyed more times than I can count
-now this..Poor truck, lol.

Here's what I did, similar situation.

File the report immediately.

What the cop did for me is not FILE the report.

The cops take the report and not FILE the report. At least the report is taken.

Even if you file the report, unless the insurance company pays out, it doesn't matter. At least in Jersey. I had a report filed with a small accident I had. I fixed the damage out of pocket, and no harm.

Never hurts to file the report first, at least that way you're in the drivers seat.

No more Mr Niceguy from me. I've had too many disapointments. I let the police do their job and let the insurance companies, INS and any other agency line up to do theirs. That's what they're there for.

Man, that blows - try to cut your fellow man some slack, and they act like azzholes. Sounds like you need to get a new truck - that thing's got some bad mojo ;-)

Good luck!

Couple of "small" points to mention here:

1-Quote:

It depends on the jurisdiction and the deparment policy. Most agencies assign a case or event number to each dispatch. When you clear the call, they want a clearance code or status. If the officer takes the report and clears with no report, there's no case number generated, and as such, no report.

If he'she clears with a report, it usually get's turned in. Some small agencies can do otherwise, but most nowdays' are by the book.

A reported crash even without a payout, can hurt you later if your company decides to audit. Just a word to the wise.

2-Quote:!

Not really;) As mentioned by the OP, it's just $85.00 to file and serve in his jurisdiction These costs "can" be recovered in the settlement as well. YOu don't need an attorney for this one, but again, if you use one, the costs can be recovered
and...it "guarantee's" that you'll get a response He'll get served and be forced to respond to the claim, spend time and $$ defending himself, and should he fail to do so, you get a default judgment against the company. At that point, start your recovery effort

3-Quote:

Be careful how you word this one. Depending on the statutes in your state, an either/or demand may result in an extortion claim rather than an option

A better comment might be a polite, if we can't reach an solution to this by end of business today, I'll have no recourse than to seek other remedies;)

Please govern yourself accordingly

Dude... you really need to get rid of that truck, it's nothing but a dent magnet...

In an non injury accident you have 7 days to file the report to the Popo. If the guy will give you his insurance then you can file a claim with your insurance company and let them handle it. I am not sure if you have to comprehensive for that or not. Since you weren't moving at the time....Don't say you were sitting in the truck to anyone...say you were standing outside and witnessed......Since you were sitting still, their insurance needs to pay. And I don't care what the owner of the company tells you at this point. Get their insurance company and file a claim.

The fact that the truck kept going and you had to chase them down would be enough for me to call the police at the scene.

THE ONE time I decided to "Be nice" was the ONE TIME I got screwed and had to fix my car myself. That happened to be the first time I ever had been in an accident of any kind. My poor RX7 got hit three times in 15 months. My first three accidents...anyway.

The police refused to take a report, period. What a bunch of BS, how the hell are you supposed to document anything without paperwork..

...Anyway I showed up at his shop today, some not so nice words exchanged but I walked outta there with my money, check better be good. What a POS...

If I have to adopt that bastards attitude and conduct myself like he does in order to "make it" then I dont want any part of it. foreign @$@.

Nice guys always end up last!

Report it and give all the info you have to the cops. You can go to the local station and get it on record. If necessary goto the CHP for the report

Your ins will collect from the dirt bags ins anyway and you should not be cites as you were parked...right?

Why would they not take the report? Law enforcement has a duty to document...period. They may refuse to come out, and may refuse to take it over the phone, but if you go to them, what right do they have to refuse?

Once you enter into an agreement for payment in a traffic incident, it becomes a civil matter. Most agencies won't take a report. Most companies know this and use this method.
Cruisinart, if the check bounces, sue them in civil small claims court. I believe the amount is $5,000.00 now. If he gave you a check, he is admitting liability and let him explain to the judge. Don't go back there.
Good luck!

Quote:

I didn't realize he had already reached an agreement with the company.
You're correct. Here, once you take any form of partial payment, it's civil. For the most part, traffic crashes are civil anyway. Most violations are infractions and not criminal violations.

In Florida though, you can still get a drivers report of traffic crash, even under the above circumstances. It's considered a short form report and you fill it out, not L/E.

If the check bounces, you may then have CRIMINAL CHARGES

I don't know California law so I don't know the rules there. Here you could likely sue for treble damages or 3 times the face amount of the check;) Something to look into.

A check won't necessarily admit guilt. It's more along the line of a nolo plea...

I agree with movnviolation. DON'T GO BACK THERE!