You’re in the bunk, sound asleep when all of a sudden you get knocked to the floor. A new driver backed right into your truck. You can’t believe your truck got hit while parked. You’re okay, but your truck is a mess. The hood, front bumper and grill are seriously damaged.
What do you do now? Here are some tips on how to handle a parking lot accident.
Do These Things Immediately at the Scene Where Your Truck Got Hit to Preserve Evidence and Protect Your Rights
Call the police:
Some police departments won’t write a police report or give any tickets if the accident happens on private property. Strongly encourage the police to come out anyway to write an incident report. The report will have many important facts: location, date and time of the accident, parties involved (drivers and owners of equipment), fault, explanation of incident, etc.
Take Pictures:
Snap pictures with your phone of the other driver’s driver’s license, registration, insurance card and other identifying documents. Note: make sure the insurance card is current.
Establish Fault:
If possible, get a written note by the other driver admitting fault. Make sure they sign it.
Stay Strong:
Never agree to accept cash from the other driver rather than file a police report. If your truck has hidden damages, you may never get paid for these.
Talk to Witnesses:
Get their names, contact information and information as to what they saw. Did they take pictures or video?
Accident Photos:
Do not allow either truck to be moved until you have taken pictures and videos of the accident scene. Be sure to use various angles, some from a distance and some close-up. Check for evidence of the other truck’s paint on your truck and take close-up photos. Make sure it’s clear that your truck got hit while parked.
Contact your Motor Carrier:
Let them know what happened and get their advice as to next steps, like how to deliver the load you’re under, etc.
Contact the Other Driver’s Insurance Company:
Immediately set up a claim and verify insurance coverage. When it is possible to file under their insurance rather than yours, it may keep your insurance record cleaner.
You May Want to Notify Your Insurance Company:
If it is required or if you don’t believe the other driver’s insurance company is going to pay quickly, consider filing a claim with your insurance company. They will file subrogation against the other driver’s insurance company to get reimbursed.
Consult with a Lawyer:
Speak with an experienced truck accident attorney. Consultations are often free. An attorney will be able to guide you through the claims process to maximize the amount of money you recover.
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For more information on downtime, listen to this interview on Land Line Now.
If you’d like to consult our firm, complete our online form or call 904-278-7688.
Kelsea Eckert enjoys helping clients resolve their insurance and downtime claims. She is active in the trucking community and is always willing to speak with groups about transportation topics.
Kelsea was raised in the Bloomington, Illinois area and has practiced law since 1988. She lives in Florida and Kentucky, representing clients across the United States.
Over the years, she has written numerous books, including: The Illinois Legal Filing Directory, Small Claims Court Without a Lawyer, How to Form Your Own Corporation, Getting Paid in Full, Lawsuits of the Rich and Famous, and Selling Internationally, Without a Product.
Kelsea regularly speaks at trade shows, podcasts, and radio shows on transportation issues. She writes articles for newsletters, magazines and the Eckert & Associates, PA blog. Some of her writings and interviews are available on Transport Topics, Landline Media, Expediters Online, Service Truck Magazine, and other transportation media networks.
Kelsea attended Illinois State University and University of Georgia during her undergraduate years. She graduated from Southern Illinois University School of Law. She is a member of the Illinois Bar and Florida Bar.
Kelsea is on the board of the Transportation Club of Jacksonville as the Driver Advocate Chair. She is involved in her community through volunteering, and she and her husband have two amazing children.