I was driving over the narrows bridge,i started running out of gas, I turned on my hazards, got out of automobile, ran to the side walking path because I didn't feel safe in the truck, called 911 told them what was going on, and they said they would let the trooper know, then a vehicle that was driving by picked me up to go get gas, 15 mins or so later state patrol called me to say that my truck was involved in a collision... anyway I'm not sure what to do really,i went to tow yard to get my truck and that's when I found out it's not drivable, so I called the guys insurance and made a claim but this was about 11 days ago now and they still haven't sent out an adjuster or whatever and I've been without my work truck, missing work, losing money and really just don't know what to do, also got two tickets in the mail, one for negligent driving 2nd degree, and the other no insurance total of $1100 witch I wasn't even in the truck when it got hit so how could that be negligent? Also his insurance is trying to say I am partly responsible witch is crazy to me because my hazards were on and I was the one who got hit...help please thanks
You have a couple of different issues: (1) Compensation for the property damage claim to your truck, and (2) the traffic ticket cases. With respect to the property damage claim, I assume that because you were cited for no insurance, you do not have any insurance coverage. I recommend that you have your vehicle towed to a body shop for repair as soon as possible as a tow yard will charge you for storage. There may be some negligence on your part for running out of gas on the bridge, though I believe the majority of liability would be for the person who hit your car. The longer your truck was on the bridge before it was hit, the better your argument that the driver who hit you has the majority of fault (in other words, x number of other cars avoided hitting your car, so the driver who hit you was clearly not paying attention or not exercising due care).
With respect to the traffic tickets, you should contact an attorney who handles traffic ticket claims to get that resolved. It will cost you a little money, but will help you significantly reduce, or even eliminate, the fines.
You asked this question a few days ago and the answers will be the same. If you can show proof of insurance at your hearing they will reduce the fine. Also, if you have a good driving record, you can get a deferment and your ticket will be dismissed if you have no further infractions in the next six months. Good luck.
Leaving your truck on a bridge even with your hazards on because you ran out of gas contributed to the accident. See if you can get your carrier involved to move things along more expeditiously.
If you have liability insurance, you need to submit a claim to your carrier. Also, you need to file a claim with the other driver's insurance. Sounds like they are taking a position that you are at fault, and it's hard to say anything conclusively without knowing more about how the accident happened. Just because you were issued a traffic citation, doesn't mean you are at fault. I would take a view that the other driver is at least "comparatively" or "partially" at fault for not paying attention. He has a duty to see what's there to be seen and use reasonable care to avoid an accident. I tried a similar case to a jury, arguing that the driver who left the car on the side of the road was 25% at fault, and the driver who ran into him -- 75% at fault. While this is a very fact specific inquiry, the jury in my case found that the driver who hit the car was 100% liable. Good luck
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