Posted on Sep 28, 2019
I had a car accident 3 days ago in which my POV hit a hmmt wrecker (their fault). How do I go about getting my damages covered?
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The wrecker was using the middle turn lane to make a wide right, with no signals on the rear vehicle and they did not check to see if any traffic was coming behind them. They pulled all the way into the mid turn lane and came to abrupt stop, so I thought they were turning left as there were no indication of a right turn. As I was almost past them, the driver turned right and accelerated. I hit the right tire on the second axle. The traffic investigator said we were both being, but they did more wrong so he found them at fault. If the report reads negligence on both parts with no one at fault, what do I do from there? The report is not available yet, but I heard that the blogger said no one was at fault (I dont know if that's true).
Posted 5 y ago
Responses: 10
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two wrongs will not make a right. You should have exchanged info with the other driver. Report it ASAP to your insurance, when the MP report comes out- send a copy to the insurance. Let them argue with the Gov't.
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CPL (Join to see) So what you are saying is that you were traveling too fast for the road conditions and swerved around an encumbered emergency vehicle. If you hit the wrecker or the towed vehicle that you saw out in front of you, it's your fault. If the wrecker clipped your stationary car making a turn, then it is the fault of the government vehicle.
If you have damage to your property, take the MP report and go to the legal assistance office on post and file a claim. Contact your insurance carrier and report the accident. In most cases they want a police report, this Is the MP report in this case as you were on their jurisdiction. Get a copy of the accident report, depending on the load on the traffic investigator, this may be a couple days.
Roll the dice and see but the claim process is your means.
If you have damage to your property, take the MP report and go to the legal assistance office on post and file a claim. Contact your insurance carrier and report the accident. In most cases they want a police report, this Is the MP report in this case as you were on their jurisdiction. Get a copy of the accident report, depending on the load on the traffic investigator, this may be a couple days.
Roll the dice and see but the claim process is your means.
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SPC (Join to see)
I'm just curious there Sir, where do you get the idea that the driver of the POV was traveling too fast for the conditions and were swerving around the Wrecker? They clearly stated that the Wrecked had stopped in the middle lane without any signaling. As they passed the Wrecker started to move without any real warning. No where in their statement stated they were going fast at all. No where in their statement did they say they swerved around the Wrecker.
This sounds very straight forward. A Wrecker turned into an active lane without warning. Whoever was operating the vehicle clearly did not connect to the towed vehicle properly as there was no signaling. By default, the Wrecker operator is at fault for failure to tow properly. The TC is also at fault for not clarify with the Operator that the lane they are trying to cross is clear or not. Both Operator and TC should be reprimanded for this scenario.
This sounds very straight forward. A Wrecker turned into an active lane without warning. Whoever was operating the vehicle clearly did not connect to the towed vehicle properly as there was no signaling. By default, the Wrecker operator is at fault for failure to tow properly. The TC is also at fault for not clarify with the Operator that the lane they are trying to cross is clear or not. Both Operator and TC should be reprimanded for this scenario.
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LTC Jason Mackay
I initially read this as the POV hit the wrecker in the second set of axles. As I re-read it now, I see it doesnt say that. If it were, I'd stand by my initial statement. It didnt say in the OP that he was travelling too fast, however there is still the fact you have a collision with two vehicles moving the same direction. Generally in traffic incidents, if you hit a vehicle infront of you, the traffic investigator will cite for going too fast for conditions becasue you could not stop fast enough. The OP didnt say swerve, but I have seen too many times the in a hurry soldier blowing by slower military traffic in a huff. Context clues.
It may not be regulation or the law, but soldiers, more than anyone should realize that an encumbered wrecker is not as maneuverable and they have to take wide turns, especially with something on the hook, to turn into motorpool gates and to make narrow intersection turns on older posts. Same goes for PLS systems, 5tons towing S&P trailers etc.
I dont see it as cut and dry as you do. I would be more interested in the Traffic Investigator report. Regardless of our difference of opinion on this, I did advise the Soldier on how to file a claim on his vehicle damage.
It may not be regulation or the law, but soldiers, more than anyone should realize that an encumbered wrecker is not as maneuverable and they have to take wide turns, especially with something on the hook, to turn into motorpool gates and to make narrow intersection turns on older posts. Same goes for PLS systems, 5tons towing S&P trailers etc.
I dont see it as cut and dry as you do. I would be more interested in the Traffic Investigator report. Regardless of our difference of opinion on this, I did advise the Soldier on how to file a claim on his vehicle damage.
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Did you exchange information with the wrecker driver and have you contacted your insurance company?
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CPL (Join to see)
I did contact my insurance, but failed to exchange information with the other driver.
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