Property Damage Incident
I live in the US on a busy main road that is straight and flat, providing clear visibility. My front yard has a drainage ditch (swale) on either side of my driveway.
A few days ago, a woman veered off the road, drove along the ditch, and hit my driveway. This caused her vehicle to become airborne, leaping over my driveway and landing in the grass on the other side before hitting a power line and finally stopping.
I was at the gym during the incident, so when I returned, everything had been cleared away. Fortunately, my neighbor managed to get her name and license plate. I also captured the entire event on my doorbell camera and a 360-degree camera in my garage, which recorded everything from the moment she lost control to when she came to a stop.
Upon reviewing the footage, I saw a police officer arrived about 20 minutes after the crash and stayed less than four minutes. Shortly afterward, someone came to give the woman a ride home, and then a tow truck arrived to pull her vehicle away.
What frustrates me the most is that the officer made no attempt to contact me and seemed to do very little at the scene. When I called the police station later, I learned no report had been filed. I asked why the officer spent so little time there and didn’t reach out to me, and the response was, “we can’t speak for his actions.”
The next day, I contacted my insurance company to report the incident and provided them with the driver’s name and license plate. However, they informed me that without her insurance information, there wasn’t much they could do. They were eventually able to reach her and requested that she provide her insurance details, but she refused, claiming the officer told her she only damaged the easement and not my property (a claim I believe is untrue). My insurance said that was the extent of their assistance.
I called the police again and insisted on obtaining a police report, which they provided. However, they declined to help in obtaining her insurance information.
When I informed my insurance about the police report, they reiterated that they couldn’t proceed without her insurance details (if she even has any).
I understand that I can take her to small claims court, but considering the potential damage is likely around $500, I question whether it’s worth the effort.
My main question is: is there really nothing that my insurance or the local police can do in this situation? Is this how the system works?
I’m particularly frustrated with the police officer’s assessment that my property wasn’t damaged and the lack of a report filed initially.
Thanks in advance for any advice you can provide! I tried to include as many details as possible without rambling.
It sounds like you’re dealing with a really frustrating situation, and I understand why you’re upset. From what you’ve described, it seems like you have several valid concerns, both regarding the damage to your property and the handling of the incident by law enforcement. Here are a few thoughts on your situation:
Property Damage and Insurance: It’s unfortunate that your insurance company is requiring the other driver’s insurance information to proceed with a claim. Typically, if you cannot obtain that information, it can complicate the process significantly. However, make sure you’ve documented everything – your footage, the police report, and any communications with both the police and insurance. This documentation may help if you decide to pursue her for damages directly.
Police Involvement: It’s disappointing that the officer did not take the situation more seriously or file an initial report. Officers should ideally assess the scene thoroughly and document any property damage. You may consider filing a formal complaint with the police department for not adequately handling the situation. A complaint might not lead to immediate results, but it could prompt a review of their procedures.
Legal Options: If the damage is relatively minimal (around $500), small claims court might still be a viable option. You can file a claim without a lawyer, and it’s often a straightforward process. Even if you don’t believe it’s worth the effort, you might be surprised at how persuasive the situation can be, especially with your video evidence.
Consulting a Lawyer: Given the complications you’re facing, it might be beneficial to consult a lawyer for a brief session. They can provide clarity on your rights, what you’re entitled to, and the feasibility of pursuing the matter further.
Future Precautions: Lastly, consider exploring ways to mitigate future incidents. This might involve reinforcing your property or working with local authorities to evaluate and improve safety measures on that busy road.
It’s understandably frustrating when others don’t seem to recognize the impact of their actions on your property. I hope you find a solution that works for you!