Hit and run in PA

I was parked along a road for an auction saturday afternoon. I was standing at my explorer when an older guy in a huge dodge ram tried making a 50 point turn in not enough room and without cutting his wheels. I saw his tailgate getting closer and thought to myself hes gonna hit me- he hits my explorer

I screamed at him, ran around to where he could see me and started flailing my arms around still yelling. He pulls up a couple feet, turns the wheel and hits me again. By that time, Im trying to run around to his drivers door, he gets straightened out and takes off.....I got his license number.

I reported it and did the paperwork with the trooper. They followed up and gave me some info and paperwork. I called my insurance agent and he said since I didnt have collision its now a civil matter and I have to take it to court. My question is.....since its so cut and dry, why doesnt his insurance send an adjuster and pay for damages? Wouldnt his insurance be liable and why do I have to jump through hoops to get restitution?

I was never in an accident where it was my fault or I was driving so Im all new to this.

Because insurance companies are in the business to make money. They aren't going to put any effort into paying out money. Expect to do every bit of the work and have them drag their feet the whole way.

Get ready to jump through hoops

I was told at the magistrates it starts ta 103.00 to start a case and goes up from there. And I forgot, theres no guarantee of getting paid for damages they only put a lien on him if he doesnt pay.....(This word is unacceptable on Trapperman)?

All I keep getting is paperwork and sent to another person.......they said I may have to file in his county which is 50 miles away. I said what if he was from South Dakota?. they laughed and said your screwed.

If he had insurance and the police gave you that info, call his insurance file a claim submit police report and an estimate he will be liable.

the last thing your insurance provider wants to do is spend any time or money doing anything for you they don't absolutely have to

they have you over a barrel , it is illegal to drive without insurance a ticket able offence in most states

you think it is cut and dry , it can still take a long time

they are going to say well why didn't you just purchase collision that is what you buy it for , you saved money buying liability only go enjoy your savings and deal with this on your own.

This,
and tell the guy if he doesn't pay up you are going to file criminal charges for hit and run.
Maybe they don't have those laws in your state, but I'll bet they do. The cops are probably just lazy and don't want to follow up. If they don't have those charges available I'll bet you could just scare him with the idea anyway, and he will find a way to pay.
Were there any witnesses?
If all else fails take him to small claims court. You will most likely win. Do a little checking up on the guy to see if he has any assets, if he does you will probably eventually be able to collect.

Not necessarily, some states are doing small claims and other infractions by phone conference nowadays.

We both had insurance, he did the collision not me, why wouldnt his insurance be liable? I have several witnesses. It is cut and dry as far as him being in the wrong.

^^^^
Yes, yes, yes.
Pursue it with his insurance company, their adjuster will try to brush you off; that is his job, he's trying to save his company money. But you have to keep pursuing it, you will prevail.

Every step costs ya more too.

This is the reason I don't even bother to go after people who stiff me at my business anymore. Last time, I had close 200 dollars above the bill I was trying to collect and all they got me was money from a worn out tv they sheriff sold . (50$)

I hope and kinda believe your situation is different from bill collecting so I wish ya luck!

You should be dealing with the mans insurance company. You already have a police report.

And when the dust settles, I suggest you rethink your own insurance agent/company. Even though you only have liability, your company or agent should be helping you get this settled. At least giving you advice on how to proceed if not handling the paperwork for you. They do this stuff all the time and know the process. You are their customer even if they are not liable to cover your loss, they should be helping you.

X2 been through it a couple times, don’t bother with him go after the insurance company, they might try to diddle ya but in the end will pay just probably not as much as you want

The police should have charged the driver with leaving the scene of an accident. If you had that paperwork, insurance would have to pay up. I would be asking the police that question.

If you only have liability, your insurance company isn't insuring your property, only other people's property if you cause damage. They have no obligation to help you when you're vehicle is damaged. However, it's weird that they didn't assist. Normally, your insurance agent would contact the other drivers insurance and get the ball rolling.

But, you just have to get the ball rolling. Contact his insurance company.

That’s a crime in PA. Accidents involving unoccupied vehicle or property. The police should charge him with that and then seek restitution for damages.

Too bad "alternate" forms of justice aren't legal.

One thing to think about - you said you were parked along the road. That may not technically be legal even though everybody does it at one time or another (including me). They may tell you you should have been parked in a designated parking area.

He told them he didnt knowhe hit anybody which got him off that.

It was designated for the day, there was no other place to park.
My insurance agent was really short with me and much shorter when I told him the other guys insurance company was the same as mine.

Probably why his carrier is saying its a civil matter Hoosier in Mi. legaly parked/unoccupied means his insurance would have to pay

It doesn't matter what he told them. He should still be charged with either leaving the scene or hit and run. But, if he had insurance he and his insurance company are liable. They will pay it is just going to have to take persistance on your part. It's really a shame that he doesn't own up and contact his insurance company and file the claim.

With witnesses and a license number, why wouldn't the PSP get him for hit & run?

They tracked him down and he told them he didnt know he hit me. Guess that gets him off the hook? Not a very AWARE driver- wouldnt that be worse? MR MAGOO LOL.

Don't know how it works there, but here in Mi. if your vehicle was legally parked, and you weren't in it, the claim would be on the "Comp" deal, not the "collision" end. Hope the LEo got the guys insurance info and hands it over to you.

Do you have his address?
Send him a registered letter requesting payment along with a written estimate.
How much damage we talking about?

How much insurance you have with said agent/company?

If you can't get any satisfaction out of agent go over their head.

When it's all said and done change insurance companies and let the agent know why.

What county did this happen in?

When people park along the side of the road for auctions, it's not a "designated parking" area. It's just that we all do it. The local police or Highway patrol didn't come out and designate it as a legal parking area.

Didnt get an estimate yet, front fender and door. I just have liability.

Indiana county.

M.MAGIS- True but where else was one to park? I was way off the road as were the other 75 or so cars.

M.Magis, in PA as long as your vehicle is completely off the road, not touching the pavement, and there are no "no parking" signs you can park there in most instances.

I was rearended on the freeway by a guy and I had full coverage (collision) on my truck. My insurance refused to do a thing, because the police ruled that he was at fault and he had insurance. I had to do all the dealing with the other guys insurance and jump through all their hoops, including do a lot of extra work and going to several body shops and car dealers to prove what my truck was worth, because they lowballed me a value and I had to prove what the going market value (replacement cost) of it was.

I would have been better off if the guy didn't have insurance, then my insurance would have paid under uninsured motorist. Of course I was ticked enough at Safeco for refusing to do anything for me that I cancelled them and have never used them since.