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joephdnpainting

My parked car hit, should be open and shut case.

2 posts in this topic

I was sitting in my truck, cleaning it out, my truck it was parked in front of my house around 9 pm when a gentleman slammed into the back of me. My truck (a mini) ended up through my cyclone fence his truck (a maxi) the wheel broke off the axle and skid about 3 houses down. My neighbor directly next door has damage to his fence also. I immediately called 911. All the neighbors came outside and a few immediately recognized him to be the owner of the tobacco shop and the auto repair shop a few blocks away. As far as I know I'm o.k. and he is o.k. but the vehicles and fences are not. After every thing settled down I invited him into my house. He smelled like alcohol. I gathered his information and from what he says, "He was locking the gate as he was out of the truck a black man jumped in the truck and started off he in turn jumped in the bed of the truck and the suspect drove off", shortly after plowing into the back of my truck then fled. No one seen the suspect me included, driving or flee. After two hours and the police did not show, the man wanted to leave. I called 911 and asked what should I do? They said, "let him go", and he left my house. The police showed up about two hours later and wrote their report and I called my attorney and ended up at the emergency. room. All of this happened on the 27, Sept. 2018. The truck that hit my truck was not reported stolen and has not been reported to date.The police officer is going to charge him with hit and run and suggest I do a six pack line up. His insurance is fighting my claim because they said there client said it was stolen. If they bothered to check they could see no reports of stolen vehicle. Are they the judge and jury now? Does their policy dictate the law? How long does the law say they can carry on with this injustice?

 

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40 minutes ago, joephdnpainting said:

My truck (a mini) ended up through my cyclone fence his truck (a maxi) the wheel broke off the axle and skid about 3 houses down.

 

In any future posts, you should proofread before hitting the post button.

 

 

42 minutes ago, joephdnpainting said:

Are they the judge and jury now?

 

If "they" refers to the insurance company, yes, the insurer gets to decide how to determine the claim based on the evidence presented to it.  If you don't like that determination, you are free to file a complaint with the California Department of Insurance (although your post does not suggest that the insurer did anything inappropriate) and/or sue the vehicle owner for your injuries and damage to your property.  If you sue, the the vehicle owner's insurer will be obligated to defend and indemnify the owner against any judgment you might obtain.  The insurer owes various duties to its insured; it owes none to you.

 

 

46 minutes ago, joephdnpainting said:

Does their policy dictate the law?

 

Ummm...no.

 

 

46 minutes ago, joephdnpainting said:

How long does the law say they can carry on with this injustice?

 

As long as you don't take action to protect your interests.

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