Property Damage Incident
I live in the US on a busy, straight, and flat main road with great visibility. My front yard features a drainage ditch (swale) on both sides of my driveway.
A few days ago, a woman drove off the road, traveled along the ditch, and crashed into my driveway, causing her vehicle to go airborne. She sailed over my driveway, landed on the grass, and ultimately hit a power line, coming to a halt.
I was at the gym when the incident occurred, and by the time I returned home, everything was cleared away. Thankfully, my neighbor managed to get her name and license plate number. I also captured the entire event using my doorbell camera and a 360-degree camera mounted on my garage, documenting everything from the moment she went off the road to when she stopped.
The police arrived about 20 minutes after the crash, stayed for a mere 3 minutes and 20 seconds, and then left without trying to contact me. When I followed up with the police station, they informed me that no report had been filed. I asked why the officer was only there for such a short duration and didn’t reach out to me, but they couldn’t comment on his actions. The next day, I contacted my insurance company to report the incident. They told me that without her insurance information, I was out of luck. However, they did manage to get her phone number and reached out to her, but she refused to provide her insurance details, claiming the officer said she only damaged the easement, which I believe is inaccurate. My insurance said they couldn’t do anything further.
I called the police again, insisting on a police report, which they eventually provided. I also asked them to assist in obtaining her insurance details, but they said that was beyond their capabilities.
I informed my insurance that I now had a police report, but they reiterated that they couldn’t move forward without her insurance information, even if she has coverage.
I know I have the option to take her to small claims court, but I’m hesitant as the damage appears to be only around $500.
My question is: Is there really nothing my insurance or local police department can do? Is this how things typically work in these situations?
I’m particularly frustrated with the officer who arrived. How could he conclude that my property wasn’t damaged? And why was no initial report filed?
Thank you for any advice you can offer; I hope I’ve provided enough detail without rambling too much!
I’m really sorry to hear about your situation. It’s definitely frustrating when you feel like you’re not getting the support you need, especially when it comes to property damage and insurance issues.
To address your questions:
Police Report: It’s concerning that the officer didn’t file an initial report, especially since it seems like you have clear evidence of the incident. The fact that they dismissed the damage to your property is also puzzling. The next step could be to follow up with a supervisor at the police department to express your concerns about this officer’s handling of the situation. Having a clear, documented report may make a difference in how your insurance handles your claim.
Insurance Issues: Typically, insurance companies require the insurance information from the at-fault party to process claims. It’s unfortunate that you hit a wall there. Given that you have video evidence, it might help to consult a lawyer for a brief session. They could provide advice on how to best proceed, whether it’s pursuing the small claims route or other options based on your local laws.
Small Claims Court: If the damage is significant enough to warrant the time and effort or if you believe there’s a chance you’d get compensated, it could be worth considering the small claims court route despite the low estimate of damage. Sometimes the process itself can encourage a resolution outside the court.
Local Regulations: Depending on where you live, there might be local regulations regarding liability for damages caused by vehicles. It could be helpful to look into those to understand your position better.
Follow Up with Your Insurance: Keep in contact with your insurance company and express your concerns about the lack of action. Sometimes persistence can lead to better results.
It’s frustrating to feel stuck in a system that’s not providing clear support. Document everything you can, remain persistent, and don’t hesitate to seek legal advice if you feel it’s necessary. Good luck, and I hope you find a resolution soon!