[FireboltEric_MA]

I am looking for a little guidance here; Sorry for the long Post

The one day I could use my cell phone and it is on my desk...With a dead battery..

6/30/08...I am Driving down the mass pike, getting on 95s. Go through the tolls and start getting up to speed, roughly 50-60mph. I am in the far left lane when all of a sudden a Tractor Trailer comes rolling by me a side swipes my truck and pushes me into the median.

The truck is not to bad as I kind of saw him in the side mirror right before he took it off the door, and was able to swerve to the left as this was all happening...Real quick like too.

Anyways he side swipes me and just keeps on trucking. I am at a complete stop in the median at this point, I was a bit in shock I guess as it took me a second to figure out what just happened. Once I got my composure back, realized this guy just did a "hit and run", the chase was on.

I catch up to him and try to flag him down, pointing to my (L) side of the truck w/ the mirror flapping in the breeze, he looks at me and looks straight ahead and won’t look at me again…Nothing!

I decide to grab the trailer/cab license plates and the trucking Co. name as my exit is coming up. After I get the info I try and flag him down AGAIN!!!

Get right in front of him and point outside the window to pull over, I pull in the breakdown lane and he rolls right buy me again...WTF!!!

I take my exit, tell the toll worker, he points me to the parking area and tells me they will call the state police. He does and there is a big accident on 140(?) and they are busy on this call and could I go to the barracks a few miles back. I say sure why not.

Get there and tell the statie, he looks at the damage and proceeds to call the trucking company. They say they will pay for everything. He gives me the info to call and I do so when I get to the office...No police report and no on gets charged.....Weird I think, I get charged for everything I do wrong…

The trucking co. takes my info and tells me it is under investigation, The driver says he was in his lane and I tried to cut in..?????....I say "So he saw me then?!" & aren’t big rigs prohibited from the left lane??? She proceeded to tell me this is an investigation to see who was at fault. I am like BULLSHIT! This is a claim NOT a investigation… I call the state trooper and request a accident report and want to press charges, he asked for the ladies info I spoke to and calls her. I get a return phone call from him and he says they will pay and I will receive some info in the mail from the trucking co. in about a week.

2 weeks have gone buy now, (My insurance co was contacted the same day) I am covered for this on my insurance (- the deductible of 500.00). I have rec'd any information from said trucking co. My insurance says I should have gotten a report which would help prove he was at fault and save me the deductible, also as they would need to pay it.

I called the statie again today only to get told that insurance co. suck, and they make us do all the leg work, there is no info for him to file a report, and to wait for the package from the trucking co, I bitched a bit so he called the trucking Co up again, I missed the return all by 10 seconds and return his call only to talk to a dispatcher who said he is on the road now and he will leave a message….WTF!!!!!Ahhhhhhh

I am at a loss of what to do here, This all seems a bit shady to me. I am tempted to get legal advice, but don't really like lawyers. But it would be nice to have someone pay for some track days…LOL

Which is why I ask here as to some opinions as to what others would do in my shoe's...I kind of feel like I am getting brushed off on this, which pisses me off more than the actual accident itself….
Any help is GREATLY appreciated.....

[G21forme]

Well I am not a lawyer nor am I leo but I have been involved in a hit&run and given the circumstances a report should have been filed as well as charges against the other driver. I'm not sure how it works in mass but when I got hit and the guy took off the pd in my town took it VERY seriously, they took pictures of my vehicle and contacted local leo in the town that the sob resided in. Now after reading the details I'm afraid you might be screwed for a few reasons, first of all there was no accident report so as far as ins co's go it's your word against theirs. Ins co's will always ask for an accident report and if you make the call sans report they will be kinda wtf'ing you. And that bs with the trucking company telling you they will pay for everything is more bullshit, they will tell you whatever you want to hear to keep you from making a paper trail.

My advice would be to contact the state police and get any and all records you can regarding the incident and I would also go up the ladder and find out why a felonious crime didn't even warrant a report. And good luck with everything, all in all you danced with a big rig on the high way and walked so at least you have that.

[Jayspeed]

Did the officer you meet and spoke to offer you an opportunity to report the hit and run?

[FireboltEric_MA]

No Opertunity was given, As I would have gladly made one...I actually was surprised it was not "Required" by them...

He just gave me the Trucking Co. info, Said they were going to pay for everything and to call them when I got back to my office. Which I did...Weather I pressed charges or not I was under the assumption that the state of mass. would have for such a crime.

I was a bit puzzled as to why one was not made, and at my own fault did not persue the issue as I was late for getting back to work and "Thought" they would do right by me on all this. It is the friggin State Police On The Mass. Pike...

I was hopping they were at least going to call all this in to other statie's on the pike....I think I fucked up right there....

[hammadown]

I am actually kind of surpised how lightly hit and run is taken in MA, at least from my experience. I saw a guy who was clearly drunk clip 2 parked cars on comm ave. I called and reported it (but didnt get the licence plate) and the boston dispatcher said they weren't going to send anyone because MA has no fault ins and it didnt matter. I asked you mean hit and run isnt a biug deal and she just blew it off. If I were you Id start pushing harder or even talk to someone higher about filing a report. Also, your ins company should be more interested in making the other people pay. Every ins claim Ive ever dealt with, the ins company ALWAYS wants to know if there is someone else they can go after for $$$$$$.

[Erebus]

The no fault is going to screw you. Your Ins co will end up paying for your damage and you will get surcharged. You should have insisted on an accident report from the trooper right off the bat.

[BostonSVkid]

Originally Posted by Erebus

The no fault is going to screw you. Your Ins co will end up paying for your damage and you will get surcharged. You should have insisted on an accident report from the trooper right off the bat.

When are people going to learn. Mass is an AT FAULT STATE NOW!!!!! The persons at fault pay the damage in the accident.

I know a lot about this stuff. Let your insurance company pay for the damage minus your deductible. They will do research and find who THEY believe was at fault in the accident REGARDLESS of what the trucking company says. Your insurance company will then go after the trucking companies insurance company to get their money back. Once your insurance company deems you NOT at fault you get your deductible money too. No points or surcharges will be given. ALSO if you are deemed 50% at fault for some reason but NOT more than 50% your insurance company pays your TOTAL damage INCLUDING your deductible.

Mass is an AT FAULT state and if you arent 51% or more at fault you dont get ANY points, surcharges ETC!!!!

If you think I am wrong then call your insurance agent/company. I have had a few accidents recently (all not my fault) and I got paid on all of them with no points.

[tsanto]

I agree you should let the insurance company duke it out. All you need from the state trooper is a police report, you shouldnt be talking to them or playing phone tag with the trucking co. Your insurance company should be doing the negotiating/dirty work of making sure you're not at fault.

If you havent done so already, you need to submit a vivid accident report to you insurance co. It needs to be very detailed and precise. This is extremely important because it basically comes down to your word against his.

I'm suprised the state trooper is telling you to get in contact with the trucking co and that they will pay you. There is no guarantee that you'll receive payment that way.

If you have all your shit together: a detailed accident report, pictures, diagrams and all that, you shouldnt have a problem proving the other party was at fault.

Not to mention they kept driving and left the scene of an accident, which is a crime.

[lady flyin' low]

so were you on 95s or the mass pike? i'm confused...it sounds like you weren't off of the pike when the exit happened but the first sentence said you had already gone through the tolls and onto 95s...

[FireboltEric_MA]

Sorry my mistake, I was on 95N/128N getting ON 90W. Chased him down till I hit 30W which was my exit. Cops were called at the toll booth getting onto 30W.

[BostonSVkid]

Let your insurance company do their job. Thats why you pay them so much money. If they try and tell your its your job to do the leg work then you need a new insurance company.

No insurance company will let this go without fighting it.

As for the driver I would be sure and press full charges for hit and run. Regardless if he wasnt at fault he should have pulled over. Driving away admits fault and it should automatically be his fault in the eyes of insurance. I would call the staties everyday till you get the answer you want.

[Doc]

You should have had a gun to shoot out his tires.

[BostonSVkid]

Oh and if you talk to the truck company again ask for their insurance info. If they ask why you tell them you are making a claim. If they say no have your insurance agent look up with the state who insures them and call them yourself.

Then again this is all moot. I had to call the other guys insurance because I didnt have full coverage.

I am telling ya call your insurance and tell them to deal with this.

[FireboltEric_MA]

I was a bit aggravated earlier, I am letting my Insurance Co. deal with it.

My shit is getting fixed.

If I can’t shoot him, It really isn’t worth my time.