Accident In PA

[mdlbldrmatt135]

I was backing out of a Driveway last night and was clipped by a drunk driver. The Trooper was saying it looked like it was going to be deemed MY fault. there was a ton more damage to the other person's car then my truck.

What would I possibly be looking at? I have the minimal coverage since my truck is/was paid off. I'm gonna need a new bed and bumper Her car had the pass. airbag deploy and mangled the passenger front corner.

Thanks!!

[Scrapper]

so your saying you just had plpd on your truck? if so it's up to you to pay for what you need to replace. am i taking this right?

[mdlbldrmatt135]

I don't have collision......... I can get a bed and bumper for me.

I'm more worried about what (if anything) I'd have to cover because she was drunk.

[fredjacksonsan]

Generally, while backing up you'd be at fault; and that's what the police will have to say, if they filled out a police report. Your insurance company may say differently, and in PA the liability may not be 100% / 0% but rather can be assigned percentages. Check with the claims person with your insurance company. With a drunk driver there might be a couple angles you can work on. Your claims person should work with you on this, as the other driver definitely contributed.

Did the accident occur in the middle of the road, near the edge, or where?

If you're found to be 100% at fault, then your insurance will pay for the damages to her vehicle, and any injuries she suffered.

If however there's a percentage of fault assigned to each driver, then your insurance would only have to pay for a part of her damage, and hers would have to pay for a percentage of your damage. Generally this cancels out somewhat, with a smaller payout going to the person with the most damage.

[mdlbldrmatt135]

My rear wheels were barely over the white line. she had to of been speeding over the 35mph posted limit. she got my bumper and the bottom corner of the bed just enought so the tailgate won't open. I'm going to the agency tomorrow tand take it from there.

[fredjacksonsan]

Good luck with it; there's no way to prove her vehicle's speed, but the drunk driving charge will hopefully work in your favor. Let us know how it comes out.

[mdlbldrmatt135]

Paper/Radio this morning reports me getting a ticket for unsafe backing / failure to yield and her with DUI I don;t mind doing the work for mine... but the insurance agent seemed to h int that the DUI might be able to play a role helping me.

I still need to get the tickets / report from the troopers. Gonna call them at lunch time.

[fredjacksonsan]

The media doesn't make a difference; what counts is the police report and the insurance decision. Did the police give you a ticket?

[mdlbldrmatt135]

not at the scene...... Still waiting I'm assu,ing it's gonna be a few days till i see anything in the mail

[mdlbldrmatt135]

Ticket came in the mail last night.
$25 fine $33 surcharge and $50 "other" no clue what other is.

The insurance company settled on 70/30 with the drunk driver (them having to cover 70% of her damages, which was about $2100)

[fredjacksonsan]

So your company says you have 70% of the blame for backing, while the other driver's fault is 30%. The $50 is probably court fees or something. You can call the Clerk of Court and find out.

If you're concerned about points on your license, this ticket might be worth fighting. Although you can't prove the other driver's speed, the DUI will definitely work in your favor, and perhaps allow a reasonable doubt to creep in about you backing out in front of the other vehicle...you can maintain that the accident would not have occurred had the other driver been sober.

[mdlbldrmatt135]

The 3 points won't transfer....... for some reason NY & PA don't do that.

Yeah not sure... Just gonna get the money order and send it in and be done with it.