plastikman

So last night I was driving home from Tacoma back to Seattle, when I got just past Fife on I 5 Northbound. Some lady hit the barrier so hard she got up on top of it and tore it to pieces. Well while she was doing this I was driving by and of course I got hit by a few pieces of that barrier, I mean it could have been worse, but thats not how I was looking to end my night. The chick broke both her legs, cracked some ribs, and to top it off of course...............she was drunk ! ! ! the Trooper took my statement, and told me to look over my car in the morning, and to give him a call. I dont even know if they have insurance yet, my damage is minimal, mostly surface scratches that can be buffed out, but the panel near the gas tank door needs to be repainted. Her car of course was totaled, didnt need to be a genius to see that. I just hope she does have insurance, otherwise I get to pay for the paint job.

ricksvt

Sorry to hear about that, I thought that uninsured motorist would cover that......

rick

plastikman

You know honestly, I am not sure how that will work, but as of right now I have to wait for the state trooper to call me, so at least I have a case number.

TLGirl4

Good luck! I hope you can get it fixed.

clsdave

It could have been a lot worse as you said. Just be happy you only got flying debris and nothing more. It must have been a very scary moment being so close to that situation.

Good luck with the fix!

plastikman

It will get fixed one way or the other, I mean even if I have to pay for it, can be driving around looking like crap for to long.

plastikman

I dunno if it was really scary, it all happend so fast, before I knew it it was over. I really hope that chick learned her lesson though, sure the legal fees will leave their mark on her.

trancemission

sorry bout that fellow anthracite brother..

WdnUlik2no

dumb bitch shouldn't have been driving drunk. Hopefully you're car will be fixed.

JDM5lugHatch

You're lucky that she didn't hit you! I can't stand people that drink and drive.

plastikman

Yeah I might have killed her myself if that would have happend !

Repecat

Glad you weren't hurt. That's a dangerous stretch of highway. Actually, any road is dangerous when you have to share it with a drunk. I hope they throw the book at her.

Bounce

people that drink and drive = the lose!

Sorry for your loss bro, atleast it was only minimal!

And hopefully her car wasnt an acura

mickey3c

well you got a police report and all. I am sure you have insurance. In MA if you are not at fault you do not pay the deductible and you do not get any points. The line item on the policy says damage caused by an uninsured or under insured vehicle. if you are covered for that, then you do not have to pay anything...

JetJock

I hope you get your paint fixed...and properly matched. I feel for you bro. I know the feeling of that first ding or scratch in a new car. Good Luck...and I'm glad you were not hurt.

spool32

Uninsured/Underinsured motorist coverage pays bodily injury to occupants of the insureds vehicle in the event that another at fault party has none or insufficient insurance.

Damage to the car is generally going to fall under comprehensive/collision. Unless there is some kind of vandalisim clause or something else special on the policy.

If you file the claim for repairs to your car on your insurance, they fix it and you would be responsible for the deductible stated in your declarations. Your insurance company also makes the determination at the time of your claim if in their opinion you are at fault and if so to what degree (%). A couple different things can happen after that.

A) Your insurance company depending on the amount of the claim can choose to subrogate the loss to either the responsible party or to their insurance company to recover the damages. Or the % portion if the claimant is deemed partially at fault, this however is subject to no-fault laws if any exist. If they recover the loss, they should also be able to recover you're portion of co-insurance or deductible.

B) Your insurance company may choose to pay out all the damages but not subrogate even if they determine you are not at fault. Mainly due to the cost of possible litigation being more expensive than the amount to be recovered. In this case you will likely be out the amount of your deductible. You may still choose to contact the other insurance company to request this amount or sue them and/or the other party to recover damages.

The claim can be noted a few different ways on your claims history. Mainly how damages were paid out. If it is noted as comprehensive then its going to be a not at fault. Sometimes it could be noted as a collision claim depending on what they think or what struck your car and the circumstances. It is possible for it to show on your claims history as a collision and if you ever need to switch insurance companies, you will have to do some explaining so you dont get surcharged for an at-fault accident. Just make sure that if you ever go insurance shopping you let them know before you get a quote, some people just make the assumption it was your fault. If they note it as a collision on your record, its always good to request a 'letter of experience' from your insurance company for your records for future reference. I've seen some companies ignore requests or drag their feet in providing the letter in hopes of keeping a current client.

A couple issues in making the claim:
-Even though not at fault, it could still count against you and you could be dropped by some carriers.
-Repairs could possibly show on reports for your car. Possibly causing issues when you sell/trade it, especially if it ends up being a full paint job. Insurance companies often get overcharged for repair compared to if you were to pay for it to be done yourself.

I'm not attempting to sway you in either direction of making the claim or not. Its always a good idea to be fully educated on what your options are though.