I had a car accident 3 days ago in which my POV hit a hmmt wrecker (their fault). How do I go about getting my damages covered?

2019-09-28T23:09:01-04:00

The wrecker was using the middle turn lane to make a wide right, with no signals on the rear vehicle and they did not check to see if any traffic was coming behind them. They pulled all the way into the mid turn lane and came to abrupt stop, so I thought they were turning left as there were no indication of a right turn. As I was almost past them, the driver turned right and accelerated. I hit the right tire on the second axle. The traffic investigator said we were both being, but they did more wrong so he found them at fault. If the report reads negligence on both parts with no one at fault, what do I do from there? The report is not available yet, but I heard that the blogger said no one was at fault (I dont know if that's true).

Response by CPL Private RallyPoint Member made Sep 28 at 2019 11:10 PM

2019-09-28T23:10:39-04:00

**Said we were both wrong** *** blotter***

Response by Sgt Private RallyPoint Member made Sep 29 at 2019 12:14 AM

2019-09-29T00:14:47-04:00

Did you exchange information with the wrecker driver and have you contacted your insurance company?

Response by WO1 Private RallyPoint Member made Sep 29 at 2019 4:09 AM

2019-09-29T04:09:30-04:00

Couple of things (especially after seeing your reply.)

If the blotter says you were both at fault then it will tough to have the army pay for it. I would go to the MP station and talk to them about it (with your team leader if they try to dismiss/shrug you off.) If they turned right from the left lane i personally don't know how they can even fathom saying it was both parties fault, so try to pursue getting that changed (which would then put it on the driver/army for your insurance to contact.)

Contact your insurance, and even with it being in a military vehicle (and on post then the driver technically doesn't even have to have insurance.) So get with your insurance and see what they require to go on further (usually police report number and they reach out to them for more information as well.)

Response by LTC Jason Mackay made Sep 29 at 2019 10:51 AM

2019-09-29T10:51:45-04:00

CPL Private RallyPoint Member So what you are saying is that you were traveling too fast for the road conditions and swerved around an encumbered emergency vehicle. If you hit the wrecker or the towed vehicle that you saw out in front of you, it's your fault. If the wrecker clipped your stationary car making a turn, then it is the fault of the government vehicle.

If you have damage to your property, take the MP report and go to the legal assistance office on post and file a claim. Contact your insurance carrier and report the accident. In most cases they want a police report, this Is the MP report in this case as you were on their jurisdiction. Get a copy of the accident report, depending on the load on the traffic investigator, this may be a couple days.

Roll the dice and see but the claim process is your means.

Response by SSG Private RallyPoint Member made Sep 29 at 2019 12:38 PM

2019-09-29T12:38:06-04:00

In this instance, you are at fault. You need to obtain the MP report from the PMO (takes about a week to get) and provide it to your insurance company. The blotter highly unlikely says no one is at fault.

Response by MSG Gary Eckert made Sep 29 at 2019 8:30 PM

2019-09-29T20:30:38-04:00

The accident investigator is a fact finder Were either of you cited? Many insurance agencies will consider a citation as at least contributory fault. The reality of the situation is your agency is going to investigate and the Army is going to appoint an Investigating Officer probably through the FILPO (could be mispelled used to be report of survey). While both investigators will consider the accident investigator's report; but, are not required to come to the same conclusion. Same with the courts, even if you were cited the court could dismiss.

Response by Lt Col Jim Coe made Sep 30 at 2019 9:56 AM

2019-09-30T09:56:09-04:00

What should you do? Report to your insurance company. You may have some liability. Let the company guide you about claims or law suits. Also talk to insurance company about getting repair estimates for your car. Then wait for release of the accident report by law enforcement.

Response by SSgt Private RallyPoint Member made Sep 30 at 2019 10:08 AM

2019-09-30T10:08:51-04:00

CPL Private RallyPoint Member file a claim w/ your insurance company. This is a fight that you pay them to have. They will request the police report, but will not base their decision on what the police report says. Insurance claim is civil, whereas police citations are legal.
Based on the description you gave, the truck would be at fault for failing to indicate a turn and improper use of lane. Any "normal driver" would assume that, since the truck was in the turn lane to make a left, the vehicle was preparing to make a left turn (signal or no signal). Liability will be mostly determined/argued based on the point of impact on both vehicle to determine the locations of both vehicles at said time.

Response by SGM Bill Frazer made Sep 30 at 2019 10:20 AM

2019-09-30T10:20:04-04:00

two wrongs will not make a right. You should have exchanged info with the other driver. Report it ASAP to your insurance, when the MP report comes out- send a copy to the insurance. Let them argue with the Gov't.

Response by MSgt Michael Smith made Sep 30 at 2019 12:36 PM

2019-09-30T12:36:57-04:00

Usually when you hit them it is your fault. Just saying. I think you should probably talk to your insurance agent.