what should i do?

Question

Yesterday as I was driving through the parking lot of a gas station, a truck turned and smashes into my driver's side door - putting a big dent in it. I called the cops. And the cop showed up, I told him what happened. He filed the report and I believe he said that no one was at fault because it happened on private property. Which is absolutely bs because the guy ran into me so it is clearly his fault. So today I called my insurance company and told them about it and they said since no one was cited at fault, they will pay for the damages and I have to pay the $500 deductable.

Should I really have to pay anything at all? Because it was clearly not my fault and all the other guy's fault. What should I do? Should I call back the cop and talk to him? I believe the guy who hit me should have to pay for all the damages, right? I shouldn't be paying for a thing. What should I say so it is fair for me?

Answer 1

In CA, the vehicle code does not apply to private property except for a few situations [such as DUI]. But just because the vehicle code doesn't apply you are not left out in the field.
First, see if the officer wrote a report to document the statements & what he saw. If so, get a copy. If not, see if you can contact the officer & advise him you will be suing in small claims court. Ask what he/she remembers & can testify to. If his/her recollection is favorable to your cause, tell him you plan on calling him as a witness. Officers do not have to appear in civil court without compensation so find out what is the expected compensation for the officer. Do NOT just call him as a witness!! You want to know he is going to appear & what he is going to say.
Then sue through small claims court. Litigants in small claims cannot have a lawyer present the case so plan on telling your side to the judge. Keep it simple. Keep focused on the facts. Be sure to present why the other driver was at fault.
You can recover your expenses. This includes the deductible, the cost to have the officer testify, and your costs to serve the other guy with papers. Be sure to include your expenses in your claim or the judge cannot order the other party to pay you. Have receipts. A lo of small claims courts have pamplets explaining the process. AND you cannot wait forever so get busy.

Answer 2

There is nothing further you insurance company can or will do for you. As it is your word against the other driver and it happened on private property, you only recourse, if you have credible witnesses, is to try to sue the other driver in Small Claims Court for the $500 deductible.

Answer 3

that situation 'sucks'!!!---you can still go against the insurance company of the truck driver--WITH A LAWYER!!!

Answer 4

if life was fair you wouldnt have to pay, but idk anything about that stuff. u should ask someone about it tho (other than yahoo answers, like your laywer)