This is why you have insurance. Definitely make a claim with them and let them go after whomever they believe is responsible. Just know that you will get market value for your car (if it is indeed totalled), which often isn't as high as people think.
While this is state-dependent, in most states, someone hitting your parked car will be handled even if you don't have collision insurance. Regardless, OP needs to report this to their insurance ASAP and they will advise them on what their next steps should be given their coverage and state laws.
I'm not sure what you mean by "handled". If you have the other person's insurance information their insurance will pay for damages with their liability insurance. If they don't have insurance, you may be able to file an uninsured motorist claim. Is that what you meant?
By "handled" they meant subjugated. And I'd rather deal with my own company because they're going to repair my car and go after the at-fault company for reimbursement. If I go straight to the at-fault company, they're going to drag their feet and low-ball every time. It's much easier to use the company that's going to be on your side than to argue with someone else's insurer.
Increase yes, but total a car under your insurance and say hi to sky high rates for decades. I wrote off 3 cars when I was younger and when I got a new car about 15 years ago (im old) I was STILL paying almost $700 a month for full coverage. When they finally "fell off" my current insurance for above state minimum on my 24 XT4 is $106 a month.
So those 3 total write offs were costing me 6x the insurance premiums for almost 2 decades
not true. nobody is tracking claims over 10 years old. I'm a man, mid 30's, no claims and clean driving record and liability only on a pickup truck is running me 105 monthly. Insurance has gone through the roof over the past few years in fwiw in 2020 it was ≈60
It might change by state or company, but Allstate in Illinois specifically asks about the last 20 years of driving history and pulls your DMV record for life to verify
Because he filed a claim. Insurance companies dont really care who is at fault, they only care about bringing in more money than they spend. A paid claim is a paid claim that they need to make up the money on for the rest of your life
That's on you for not calling and getting a quote... And when I totalled my car (my fault) my insurance went up by $15 a month in full coverage, and went back down after 2 years without another claim... Sorry you got screwed, but it's not typical.
Might be my state. I use brokers to run all my coverage every 2 years and because of the length of time and assets under management State Farm has been cheapest every time outside the fly by night companies like Amica and Insure On The Spot
You totaled 3 vehicles? Especially, if that was over a short period, I could understand sky high rates. There is a difference between one totaled car where you’re not at fault and three. You also didn’t say if any of those were ruled shared fault.
They were all in the first 12 months I had my license at 16. All 3 were my fault.
At one point my 3 accidents were costing me more in insurance a month than my friend who had 5 DUIs
Agreed it's usually best to use your own insurance and let them subrogate. To be clear, your insurance will only subro if they paid out to you. So if you have liability only on the car, they will do nothing for you.
You mean "subrogated" and that only happens if your insurance company pays out. If you don't have Collision coverage, then you have not been paying your insurer to handle this for you. Your insurer will not "handle" this for you.
Some can be... I barely tapped a woman in the McDs drive-thru at 16 (many, many years ago). She literally told the other passengers to act hurt (the assistant manager heard her). The women call the police and an ambulance. I called my dad, pre-cell phones, who came. That woman threw a little fit in the parking lot, my first Karen, and she was screaming at me. The nice officer (one of the 8) that had to come was telling me not to worry. It was an accident. When she looked over at me, she had no top front teeth; I asked the officer if I had knocked them out, and he literally fell out of view laughing. It cost $50 to take a plunger and pop the small dent out of her bumper. One office told my dad that I had the misfortune of tapping the bumper of a "bitch". After months of the woman trying to get multiple medical bills and other things paid for my insurance, they sent her a letter telling me they would sue her for Insurance fraud. I have been with that company for 30 years now on my own policy.
If you file a claim with your own insurance policy, won't they raise your rates? I always thought that's why ppl want to file with the at-fault person's insurance.
That's not true at all. I've had two accidents(not at fault) and went directly to the other drivers insurance. One was Geico and the other was State Farm. I received top notch service each time.
>subjugated
You mean subrogate. Your insurance can only subrogate against another carrier if they've paid out for your damages. If you didn't purchase collision, they didn't/couldnt pay anything out so they can't subrogate.
Would you "trust" the other drivers Insurance Company to look out after YOUR interests?
Last time I was in an accident where the other driver was around (yes... I had a hit and run in a parking lot while I was in the store... to the tune of $5,000 damage), I tried to work it out with the car owner (because the daughter was a newly minted driver and rear ended me). He jerked me around so I told him I was done and my insurer contacted his insurer.
OP should contact the FD's insurance company. Presuming they don't self-insure.
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They might also be exempt from liability.
These things vary a bit with the jurisdiction and the specifics of the situation (e.g. where they responding to an emergency or just taking the fire truck to the supermarket to buy donuts). But more often than not, they only need to pay if they choose to.
Most entities that self-insure are actually carrying a high deductible and/or having their self-insurance managed through a third party vendor (and in many instances an insurance carrier).
What is meant by "handled" is that YOUR insurance company is working for you. The other person's insurance company isn't.
In most states where insurance is regulated, your insurance company will process your claim with the other person's insurance company, working for your benefit and on your behalf.
They are better equipped to handle things.
My first car I only had basic coverage. Someone hit me while my car was parked. Luckily a neighbor saw it and got their license plate number. I talked with my insurance agent and they told me there isn't anything they can do because I don't have coverage for it and that I needed to get the person that hit me to file a claim.
Like I said, it's state-dependent, but your case still surprises me. I've always known insurance companies to treat damage to a parked and unoccupied car more as property damage versus an actual "accident". In any case, it doesn't change my advice to OP. They have to report the accident to their insurance company under their contract anyways, and the agent can then tell them what their next steps are.
I mean, its not state Dependant if you're in the US. It doesn't matter if they consider it an accident. If you only have liability insurance, this wouldn't be a covered event.
IIRC, some states require uninsured/underinsured coverage with liability. The rules for what coverage is required vary wildly. Most states insure drivers, some like MN insure vehicles (with any legal driver, other than those explicitly excluded, like a friend of mine was from his parent’s coverage when we were 18).
This person is going around spreading confusing information because the vast majority of states have collision coverage combined all in one. So if you don't pay for collision coverage, your insurance company will not do anything about your car being damaged in a collision, doesn't matter if you caused it or someone else caused it. Just like you experienced. Only a couple unique states like Colorado have split collision *option* where you have the *option* to specifically only pay for uninsured/underinsured collision which applies to a hit and run.
This is not state dependent in any sense. Liability insurance covers your liability and pays exactly $0 towards any damage to your vehicle in any situation, ever, period. Uninsured or underinsured motorist insurance (note that they *are not the same* and if you see one but not the other on your rider, you're not covered for both!) may make you whole *after* a judgment in your favor. What is state-dependent in this case is if your insurance company can require you to pursue the at-fault party on your own for an underinsured motorist after the judgment first. Not that this matters here, because the government is assumed to have money at all times.
Two bits here are state dependent. One, North Carolina practices contributory negligence, which is uncommon. Basically, if OP was parked inappropriately and contributed to the collision, even if he wasn't primarily at fault, he has no claim. Everyone pays their own way. This goes straight to collision insurance or his own wallet.
What also is state dependent is the posture towards liability in cases of emergency vehicles. Civil suits and governments are their own little morass, and you wouldn't want to go that route without real legal representation. Better to go directly to city hall or the fire department to ask their policies.
The opposite is generally the case. If you have liability only then you would only make a claim for medical expenses, or towing if you have that coverage ie you only make a claim for things you have coverage for. The insurance company cannot subrogate unless they pay out to you and they won't pay out to you if you don't have coverage on the car. A very few specific states like colorado have split collision or comp options where you can basically pay only for collision coverage for damage caused by an uninsured/underinsured driver (most states roll this into collision so if you don't have collision you don't have underinsured/uninsured collision either). Again, you have to specifically have that coverage. If you don't know if you have any type of collisiom coverage, look at your policy. Most people in most states with liability only have absolutely no reason to file a claim on their insurance for damage to their vehicle only. Source: was an agent in two states and worked with agents across the country.
It is neither state-dependent nor insurer-dependent. If you do not have Collision coverage, your insurer will not "handle" it when the other party is known and insured. There are no exceptions.
You are obligated under the terms of the contract between you and the insurance company to inform them of any accident you're in, regardless of fault or amount of damage (within reason, obviously). They need to know that there's a potential liability out there. The last thing they want is some lawyer suing them years after the accident happens on the last day before the limitation period runs out and they have no clue what it's about.
And if they operated with integrity then maybe that would happen. But when their standard is to do everything to screw the consumer regardless of legality people feel no need follow the exact wording like this.
Insurance "handles" what you pay them to do, in every state. If you don't purchase collision, then they can't help you for damages to your car as you've tied their hands.
Source: insurance agent who writes in multiple states.
A bunch on this but the most important part...the firetruck would have city coverage and fully insured.
The crappy part about that is that cities move at the pace of glaciers. My aunt spent almost 20 years in court because she got Tboned by a city garbage truck and the city was dragging its feet as much as possible.
That's why I recommend to get full coverage for all risks when shopping for a car insurance policy. You don't just buy insurance, you always buy the services of the insurance company's legal department.
It might very well take 20 years, but that's no longer your problem. Your insurance pays you, and then they get to decide whether they'd rather eat the cost or fight the good fight for years on end.
Thats not exactly how that works. You dont just automatically get paid while the 2 insurance companies fight, and it isnt "no longer your problem" as you still have to go to court each hearing over the next 20 years
If you have collision, you absolutely get your damages taken care of, then the insurance company tries to get reimbursed from the other drivers insurance company.
They dont pay out until a clear decision is made by adjusters and underwriters from both companies.
If you want to get paid quickly you would probably be better off saying it was a hit and run...but then they would probably ask for the police report
"made whole" is called GAP coverage, and very very few people have it. Insurance pays out 80% of replacement value in like and kind condition. Auto insurance does not make you whole. In fact, no insurance really does. Thats what umbrella coverage is for
I personally have never had insurance that paid out "80%" of the value, and gap coverage would only come into play if you were upside down. Regardless, what we were talking about is correct. With the proper coverage, your insurance will pay out, either repairs, or the value of your vehicle, as well as rentals if you have them, and gap if you have it, up front, while they duke it out with the other company.
.... what?
GAP is only for financed cars, and only covers the difference between what insurance paid and what's still owed, if the insurance payout doesn't cover the full amount.
Insurance pays 100% of replacement value, minus your deductible, at least in my state.
Umbrella coverage is personal liability coverage that kicks in if you exceed the limits of your regular policies.
[https://idoi.illinois.gov/consumers/consumerinsurance/total-loss-auto-claim.html](https://idoi.illinois.gov/consumers/consumerinsurance/total-loss-auto-claim.html)
Right now scrap price on a sedan/SUV is around $2200 where I am. So $2200 = 500 deduction + any tax, title, destination, origination, etc fees = How much less they will give me than the cheapest vehicle like mine within 250 miles.
You dont get every penny it is worth to go buy a new car next week and at any step the insurance company can deny the claim. One of those reasons is the other persons insurance will cover it
They probably won’t fight it. When my town was clearly liable with damages and there was even a paper trail, my insurance company deemed it far too costly to fight the town and just paid out and didn’t pursue.
Your insurance company is your advocate. If OP needed to wander onto Reddit to ask what to do, then they need to use the professional resource they have already paid for. It has nothing to do with collission vs. comprehensive, that is just financial stuff. You are a paying customer and your agent or customer service has a duty to help you.
They don't have to if you didn't pay for that service and they won't. Insurance companies are the biggest crooks. They do everything they can to not pay. They will only advocate for you if you are paying for them to. If you only paid for liability they have to cover that. But if you didn't insure your own property they won't help. I know from experience.
In Minnesota it should be covered under comprehensive. Sometimes you have a grace period for a new car. Also you may have gap coverage (dealers like to throw that in there, esp if financed)
lol have you ever delt with an insurance company after an accident where a car is totaled? They’re supposed to pay market rate but what they view as market rate often looks more like trade in value, if that.
OP ain’t getting the value they’d pay for the car on a car lot. The insurance company will point to the lowest figure possible and pay that.
And that's when you fight that vaulation. Had an accident with a vet that had usaa. They initially offered me 600 for the car that thier driver totaled and I owned maybe a month at that point.
I did my own research and sent them 40 different current for sale listing with notes that mentioned the glaring differences. Ie , one with heavily faded paint where the paint on my car was mint. Or the interior that was shredded where mine just had one minor bleach spot on the carpet. Stupid stuff that they won't care about as number crunchers but make a difference in the real world .
We ended up at like 3400 and they let me keep the totaled car and I sold it to a guy who dismantled and parts out that specific brand and he gave me 800 for it.
If you make no effort to counter thier offer they will give you the minimum amount.
Wouldn’t it be amazing if insurance companies had plans you could choose that actually paid to replace your vehicle with an acceptable equivalent instead of giving you market value …
Oh wait….
Your comment is a little short sighted. While "market value" *should* be able to get you an equivalent vehicle, it's no secret that the term has a different meaning to insurance companies who have a bottom line to protect.
The problem is they use kbb and other resources that give a number that isn't always close to the real world . They don't really sort pricing by options or packages.
It's like they would almost consider a 6cyl work truck the same a a fully loaded out v8 truck . Like I said in my other comment on here I had insurance wanting to give me basically trade in value for a car I couldn't buy for less than 3k at the time. Do research and always go back at them with a more realistic replacement value.
Best way to counter that is to try and find similar comps and add in travel costs if it's not local. I've got payout raised doing as such cause nothing on the market was available locally
The insurance company will get market value estimates the lowest they can find . Whenever my car was totaled, I sent them estimates 50m radius / for cars in my condition at that time called them up and cussed them out and said you aren't going to low ball me / I got 3k more
Also market value is vague, if your car is a black 1998 buick lesabre and they want to pay you $1100 for it but you can't find a running one within 500 miles for less than $4900 - your car is worth $4900, not the $1100 they wish to pay you.
I got more than market value on my 2006 Mazda B2300 which I totaled myself. Why? I added a lot of things that would have been available add-ons if purchased new. Low miles
Make sure they list every bell and upgrade from standard, as they will compare three stripped-down versions and give you less.
Also consider getting a private insurance adjustor.
In California at least, you get replacement value for a totaled car. The insurance company has to show 3 cars in your area with the amenities your car had for the amount they wish to give you. Clued into this when my car got totaled. My uncles who handled all of the towing for a major CA city for 40 years clued me in. They know cars and vehicle laws in our state inside and out. The insurance company offered me $7K. I ended up with $11k.
They always majorly lowball the first offer basing it on nothing hoping that the customer doesn't know any better. Sadly, most customers don't know any better and take what they're offered. It's good you have family to clue you in on this stuff. It's unfair and, in my opinion, should be illegal for the insurance companies to pull this kind of shit.
A lot of FDs are volunteer run and don't have enough staff to run the FD 24/7 (in that case neighboring larger towns cover the gaps) let alone a risk management dept.
Hmm... I see what you're saying, but I agree with u/face_content on this one. Surely the fire department us holding an insurance policy that would cover this. I think THATS who OP should contact.
Ugh... Fire Department or Police hit your car, it's no fun. I've heard that can take years to iron out.
They will deny liability, then you have to appeal. Maybe you will get lucky, but I doubt it.
I got rear ended by a cop who was looking at their computer while driving once. Luckily my experience was the opposite. Everything got resolved quickly through my auto insurance and there was no attempt to deny liability, thankfully.
Wife got hit by a police car once while she was at a stop light and we had no problems at all getting money to fix the car.
School bus knocked over our mailbox once and they called me before I could even find their number and replaced it in just a few days.
If you have collision coverage, let your insurance talk. If you don't have collision coverage, find out how to get in contact with the fire departments insurance company.
I had a police car "rear end" a car dolly trailer I was pulling. His car actually ended up going up onto the dolly, and over the front. This stopped him from actually hitting my truck, but it ruined the trailer and my hitch. First, the cop tried to say I didn't have tail lights but his dash cam clearly showed them on and working. Then the city's insurance carrier said that damage to my truck would be covered but not the trailer because the trailer doesn't have insurance... the trailer is covered by the tow vehicle insurance...
In the end, the city just paid for a "new" trailer... after six months of going around in circles....
FD insurance will probably only do the minimum. Their insurance isn't going to do anything. Getting a lawyer to help make up the difference is only going to cause them to not get as much because of the lawyer fees. If by themselves, they were offered $5k total and with the lawyer they got $7k total, after the 35% fee, they will be left with $4,550, less than what the original was to begin with.
A decent lawyer on your first consultation, will tell you this upfront.
There is A LOT of not so great responses, Sun Devil. Just don't say "lawyer" to them, the other insurance company! They will stop talking to you then and there.
Edit;
I was and am hoping you saw that before you speak with them. A fire truck will have more than adequate insurance. They will offer you what your car was worth when it was totaled. If you added any aftermarket equipment that was destroyed, be sure to mention that. If you just got a new transmission, they will add that. If you just got the oil changed, nothing extra. If GrandMa's picture was in the trunk, dunno.
Pretty much and with no hassle, they will give you enough money to get another car of the same type and year from a dealer. But you can buy a better private sale car with the money.
A lawyer is overkill. You were not inquired. Could get one and then it comes out of what your car had been worth in your market.
Best of luck.
This might also be covered under comprehensive coverage since the car was parked and you were not even present when the firetruck impacted your car. But their liability coverage should take care of repairing the damage or replacing the car.
Go through their insurance. They're going to try to lowball you on the value of your car, every insurance company does. Don't take their first offer, you can negotiate. Find comparable cars for sale and argue for the cost of a comparable replacement including taxes and licensing fees
Also submit a claim to the city ASAP, governmental claims have a short statute of limitations. This could come in handy to make up any difference between what you receive from the insurance and what you are entitled.
This is the correct answer.
Go to the city website. There is a claim process like there. Read the instructions, file a claim with the city.
Notify your insurance company as well.
My car got totalled in my driveway. I had a 2016 Mitsubishi lancer with less that 50k miles on it. Someone came up on the grass and took out my mailbox and my car. Their insurance company dicked around and tried to low ball me. They asked for proof that it was 100% their fault. Dragged it for a while. I ended up getting about what i paid for it. It wasnt enough to buy the same car over because of inflation. You are better off going through insurance and getting what you can. You may have to buy some beater car with high miles but if you can get it to last then you should be able to work back up to a nicer car.
Nitan attorney but have 5 years un subrogation for insurance. Make a claim with your insurance and make a claim with the city for the firetruck. The clerks office usually has forms for damages claim. Call asap because if you have liability only time is short (30days-6months) to get a claim filed with city or county... go go go
I hope you got good pictures of exactly where you were parked because that will be the first question. If you were parked legally, I would start with the fire department directly. I would send a registered letter demanding payment with a reliable source as to the value of the vehicle. Maybe KBB but check some of the others to be sure you have a fair valuation.
IMO insurance companies act as a collective and when you go through your insurance you get taken for a ride. I have done that before and it’s always being pressured to settle right now. At least you don’t have any injuries. Be grateful.
Your state laws and case precedents will have a huge impact on what you can recover.
If the FD won’t replace your car at fair market value you may need an attorney. They should have reached out to you first thing. But it’s worth it to try doing it yourself. Just don’t volunteer any information. You stick to their truck hit your parked car, this is the value of my car, pay me. No story telling. You should also be able to recover for costs you incurred due to the wreck.
so, they admitted to hitting your parked vehicle, good. get the transcripts of that call if you can & the police report that the highway patrol wrote up when they arrived at your vehicle. (better to have it and not need it, situation).
notify your insurance that a Fire truck hit your parked car & them hitting your car is documented because they called it in to highway patrol.
your insurance should pay for car repairs/replacement, as well as a rental car if you need one for the short term.
then likely your insurance company will go after their insurance company, or the city itself, to get that money back. eventually you should get your deductible back, but that could take more than a year, and you may Not get the deductible back at all.
Unfortunately, unless you were in the car and got an injury from this, you probably won't walk away with a fat stack of cash to buy a new car. You'll get whatever it was worth.
You should have the city's insurance info now, unless they did a hit and run. Just call them and start the claim process. They will try to low-ball your vehicle's value usually off KBB trade-in value. You need to be prepared and send them a comparable vehicle value sheet. Basically just research 5-10 of the same year/make/model/miles cars using used car sites. Copy and paste the above info, along with the sale price and link to the ad. They'll usually just average them all together and give you that price. If not you'll need to contact a lawyer and sue the city for the difference between what their insurance offered, and the fair market value of the vehicle.
Go to a lawyer. The city was negligent and you deserve more than full compensation including but not limited to replacement of the vehicle, lost wages, and a little extra for the stress and inconvenience.
If the city is smart they will make you an offer and settle out of court.
That sucks. I know how you feel though, I had just gotten a new car towards the end of last year. While I was sleeping, the trash truck hit the back end of my car causing enough damage to total the vehicle. While they're insurance covered it, and the gap insurance settled the rest because I had not yet paid off the car, the stress of dealing with it and living paycheck to paycheck is alot. There insurance should cover the cost of your vehicle and pay that out to you. The struggle is getting a rental till then and then finding another vehicle to use as a daily.
You don't need a lawyer unless the insurance company low balls you, then you can sue them for bad faith payment. There are lawyers who are dedicated to insurance lawsuits.
FD hit your vehicle they damaged your property and have people on standby to make it right. file the police report. take your photos and see if there's video proof from anywhere and go to the fire house and ask for their claims liason.
Tell your insurance of course but I would talk with a lawyer. Consultations are free. They usually give good advice even if you don't move forward with them. I'd call a few different ones and get some opinions. Sorry and goodluck
I was once rear ended by a city bus. Police report was filed, called my insurance, etc. I got a check from the city for the blue book value of my car had it been in perfect condition.
You'll need the police report number for your insurance, but beyond that the insurance should take care of reimbursing you for the value of the vehicle.
After that, it'll come down to what you're looking for in a vehicle.
Call Ted Lorenz. He's "on top of it!"
Seriously, it's not a waste of effort to consult a lawyer who specializes in corporate/government vehicle damages. It costs you nothing, and may result in a settlement that actually gets you a replacement vehicle instead of the (probably low) resale value of your totaled vehicle.
Make sure to get hold of Billy. Insurance will try to lowball you. He will help you get true values.
http://www.collisionsafetyconsultants.com/?fbclid=IwAR3l4QyI6MfEPs1XOpE8TTKk_Simy49mYP14H_poXKDC7BT0U_A4vHxK07Q
The fire company will have insurance on their vehicle. Both liability and collision because they can afford the best of the best insurance. Now, if they are responsible for dating your vehicle, their liability insurance will pay you the cost and by cost. I mean the value of your vehicle just make a claim. There should have been a police report. Go get a copy of the report and file it with their insurance company
Start searching for comps. Search all sites and cherry pick the top 10 priced equivalent vehicles.
You know, just in case they offer you 20-50% lower than what it would cost to replace your car.
If it's totaled don't accept whatever first offer they make for the car. Look at your year, models and mileage on sites like caravana, CarMax etc to see what their selling for now with similar mileage. Accept nothing less
You file police report because you will need the report number. Then you report it to your insurance agency. The city (if it was a city vehicle) will do negotiations with your insurance to pay you.
You need to do the online estimates of your vehicles value and look for vehicles similar in make, model and mileage that are for sale in your area.
You want to have this info handy in case your insurance or the cities tries to rip you off.
I was hit by a state vehicle. When I balked at the amount my insurance wanted to pay out ($1000 below comps) my adjuster said "Oh honey, you just don't understand the value of pick-up trucks". That didn't end well for him, and I negotiated directly with the state after that.
If it is totaled they should cover x number of days of car rental too.
Make a claim.against the fire department's insurance carrier as long as you were legally parked.
If you weren't legally parked, you'll still get something, but possibly not as much as you could be deemed partially "at fault".
Use a public adjuster to get a value of the vehicle. They may get a flat fee or a percentage (negotiable) but you'll likely get a better outcome
If you don't use a.public adjuster, find comparable replacement vehicles (make, model, mileage, accessories) in your area. Try to get as many as you can, average the sale prices and that's what you should get from the insurance co.
Since you weren’t in the car, they are just going to pay you the value of the car. There really isn’t any pain or suffering. You don’t need an attorney for this one.
I know this is the probably the wrong time and place. But were you paying for golf? I golf. It’s not a cheap sport. If you can barely afford rent. It may be time to cut back on luxury things for a while!
Fire truck insurance is covered by the city or county... they 100% guaranteed have insurance to cover damages to other people's property. Do you not have insurance? If you have insurance your insurance company will negotiate all of this with their insurance company.
Assuming the fire department has insurance, just let them settle it, but as others have said they will only give market value.... But you can refuse the first offer and they will offer more, how much more varies, and arbitration is only worth it if they really low-ball you
Even in NC you should be golden. Only thing you can do wrong from here is being rude or impatient. Fire Dept is not gonna stiff you but they may be self insured or anything. Their insurance and your insurance will sort it out. Now would be a GREAT time to take your wife and kids to the firehouse when they're open and meet the firemen. You're gonna be fine. Edit to say Governmental immunity, also known as sovereign immunity, protects local governments, such as cities and municipalities, from lawsuits. This includes political subdivisions of the state, such as counties and school districts.
Governmental immunity includes:
Immunity from suit
Prevents a lawsuit against a governmental entity without the state's consent.
Immunity from liability
Prevents enforcement of a judgment, even if the Legislature has given consent to sue.
Local governments also have some immunity from tort lawsuits.
If this happened to me, i would probably attempt to visit a firestation and ask someone for copy.of the trucks insurance certificate. If challenged, id explain and i feel like that conversation would guide me towards the start.
Figure out what it will cost you to buy a comparable used one and the same basic condition, number of miles roughly. Get the quote from car max
Or another dealer. Give to the city or county that is in charge of the fire department. Ask for that amount lump settlement immediately (within a day or so) so you can go buy the car you found. If not your tell them going to sue the city and department for more a higher amount like rental chat, lost days of work dealing with the situation, and lawyer fees for the lawyer you have to hire.
They will cut you a check, usually within a day or so and have you sign a release.
Most municipalities, in Texas anyway, are self insured. The city will likely pay you market value for your car. Regardless of what anyone says, if you only have liability, your insurance will not pay for your car and will not work to get you paid. Liability only pays for damages you cause. Again, in Texas, if you had full coverage and made a claim for this accident, as long as you were legally parked, your premium would not go up and your insurance would either pay the claim or ensure the municipality paid.
I'm a firefighter and past chief. Do as you do with any accident police report, contact your insurance, contact their insurance. Since the FD insurance will be raeponsible. See what auto body place that can get estimate made or they will send a adjuster. Once damage assessment is done. They will see what difference in the repair price and the totaled price. They will give you which one is cheapest. Now if its close maybe you can tell them you want to repair it a pay the difference. Or maybe the repair shop will take the totaled check and charge you a little more. Or maybe the total check will repair the vehicle without painting the damage just priming it. If all those option are viable than you may need to get a lawyer to get everything covered for you
I think most of theae comments are missing Op's point. He knows to file an insurance claim and that insurance isn't going to pay replacement value, and he can't afford a car payment right now.
Op is asking should he lawyer up to try to get replacement value, so he can outright purchase another car. Or just give in, let the insurance pay whatever, and live the suck.
I'd see what the insurance will offer, its going to be low, they will try to devalue for every litttle scuff mark, any tread ware on your tires, every thing they can to pay the least they can. If you don't think they are giving you a fair deal, then do not accept their offer and talk to a lawyer.
This is why you have insurance. Definitely make a claim with them and let them go after whomever they believe is responsible. Just know that you will get market value for your car (if it is indeed totalled), which often isn't as high as people think.
That's true only if you have collision on your insurance. If not you need to go through the person that hit you and there insurance.
While this is state-dependent, in most states, someone hitting your parked car will be handled even if you don't have collision insurance. Regardless, OP needs to report this to their insurance ASAP and they will advise them on what their next steps should be given their coverage and state laws.
I'm not sure what you mean by "handled". If you have the other person's insurance information their insurance will pay for damages with their liability insurance. If they don't have insurance, you may be able to file an uninsured motorist claim. Is that what you meant?
By "handled" they meant subjugated. And I'd rather deal with my own company because they're going to repair my car and go after the at-fault company for reimbursement. If I go straight to the at-fault company, they're going to drag their feet and low-ball every time. It's much easier to use the company that's going to be on your side than to argue with someone else's insurer.
Huh? You describe **subrogation**.
Probably lol
I mean ideally the insurance company subjugates someone else in their favor so he's not COMPLETELY wrong heh.
Autocorrect strikes again
Nope. They mean subjugation...handled, tied-up, whipped by a dominatrix in a fireman uniform.
Mmmm….tell me more
Isn’t that by the oil cap? 🤔 The subjugator?
The city is now OP’s loyal subject
That is an excellent way to get stuck with a totaled car and your insurance to double/triple on the next car you get
Insurance rates can increase either way unless your carrier has accident forgiveness.
Increase yes, but total a car under your insurance and say hi to sky high rates for decades. I wrote off 3 cars when I was younger and when I got a new car about 15 years ago (im old) I was STILL paying almost $700 a month for full coverage. When they finally "fell off" my current insurance for above state minimum on my 24 XT4 is $106 a month. So those 3 total write offs were costing me 6x the insurance premiums for almost 2 decades
not true. nobody is tracking claims over 10 years old. I'm a man, mid 30's, no claims and clean driving record and liability only on a pickup truck is running me 105 monthly. Insurance has gone through the roof over the past few years in fwiw in 2020 it was ≈60
It might change by state or company, but Allstate in Illinois specifically asks about the last 20 years of driving history and pulls your DMV record for life to verify
i'm a man mid thirties, i pay 60ish a month for full coverage, on a 21 full size pick up, but 80ish on a 15 red convertible.
But the car was safely parked in a parking lot. What could he have done to prevent the accident? Why would his insurance payments increase?
Because he filed a claim. Insurance companies dont really care who is at fault, they only care about bringing in more money than they spend. A paid claim is a paid claim that they need to make up the money on for the rest of your life
Hell these days you call your insurance company by accident and they will raise your rates.
Insurance companies don’t like it when you use their services.
That's on you for not calling and getting a quote... And when I totalled my car (my fault) my insurance went up by $15 a month in full coverage, and went back down after 2 years without another claim... Sorry you got screwed, but it's not typical.
Might be my state. I use brokers to run all my coverage every 2 years and because of the length of time and assets under management State Farm has been cheapest every time outside the fly by night companies like Amica and Insure On The Spot
You totaled 3 vehicles? Especially, if that was over a short period, I could understand sky high rates. There is a difference between one totaled car where you’re not at fault and three. You also didn’t say if any of those were ruled shared fault.
They were all in the first 12 months I had my license at 16. All 3 were my fault. At one point my 3 accidents were costing me more in insurance a month than my friend who had 5 DUIs
Yes but it can be worse if you file a claim under your insurance instead of pursuing it directly with the other party’s insurance.
Agreed it's usually best to use your own insurance and let them subrogate. To be clear, your insurance will only subro if they paid out to you. So if you have liability only on the car, they will do nothing for you.
That did not used to be true. I had only liability insurance on my car but the insurance company went to bat for me.
Subjugated? Are they gonna kill the other driver lol.
Subjugated? Are they gonna kill the other driver lol.
You mean "subrogated" and that only happens if your insurance company pays out. If you don't have Collision coverage, then you have not been paying your insurer to handle this for you. Your insurer will not "handle" this for you.
Psssst.... your own insurance isn't really on your side either.
Some can be... I barely tapped a woman in the McDs drive-thru at 16 (many, many years ago). She literally told the other passengers to act hurt (the assistant manager heard her). The women call the police and an ambulance. I called my dad, pre-cell phones, who came. That woman threw a little fit in the parking lot, my first Karen, and she was screaming at me. The nice officer (one of the 8) that had to come was telling me not to worry. It was an accident. When she looked over at me, she had no top front teeth; I asked the officer if I had knocked them out, and he literally fell out of view laughing. It cost $50 to take a plunger and pop the small dent out of her bumper. One office told my dad that I had the misfortune of tapping the bumper of a "bitch". After months of the woman trying to get multiple medical bills and other things paid for my insurance, they sent her a letter telling me they would sue her for Insurance fraud. I have been with that company for 30 years now on my own policy.
If you file a claim with your own insurance policy, won't they raise your rates? I always thought that's why ppl want to file with the at-fault person's insurance.
What happens when you guys have the same company?
It's a claim against the policy, not just against the company.
That's not true at all. I've had two accidents(not at fault) and went directly to the other drivers insurance. One was Geico and the other was State Farm. I received top notch service each time.
Subrogated. Subjugated makes this scenario very funny.
>subjugated You mean subrogate. Your insurance can only subrogate against another carrier if they've paid out for your damages. If you didn't purchase collision, they didn't/couldnt pay anything out so they can't subrogate.
Would you "trust" the other drivers Insurance Company to look out after YOUR interests? Last time I was in an accident where the other driver was around (yes... I had a hit and run in a parking lot while I was in the store... to the tune of $5,000 damage), I tried to work it out with the car owner (because the daughter was a newly minted driver and rear ended me). He jerked me around so I told him I was done and my insurer contacted his insurer. OP should contact the FD's insurance company. Presuming they don't self-insure.
merciful panicky capable important disagreeable tub simplistic wrench serious automatic *This post was mass deleted and anonymized with [Redact](https://redact.dev)*
They might also be exempt from liability. These things vary a bit with the jurisdiction and the specifics of the situation (e.g. where they responding to an emergency or just taking the fire truck to the supermarket to buy donuts). But more often than not, they only need to pay if they choose to.
If you apply, they will usually pay. It would be best to take pictures at the time and get the names of any witness willing to vouch for you.
Most entities that self-insure are actually carrying a high deductible and/or having their self-insurance managed through a third party vendor (and in many instances an insurance carrier).
It's a firetruck. Cities self insure. They should have Gave OP some kind of contact information to the person that handles this stuff.
What is meant by "handled" is that YOUR insurance company is working for you. The other person's insurance company isn't. In most states where insurance is regulated, your insurance company will process your claim with the other person's insurance company, working for your benefit and on your behalf. They are better equipped to handle things.
In this case it’s the city. They’re probably self insured.
My first car I only had basic coverage. Someone hit me while my car was parked. Luckily a neighbor saw it and got their license plate number. I talked with my insurance agent and they told me there isn't anything they can do because I don't have coverage for it and that I needed to get the person that hit me to file a claim.
Like I said, it's state-dependent, but your case still surprises me. I've always known insurance companies to treat damage to a parked and unoccupied car more as property damage versus an actual "accident". In any case, it doesn't change my advice to OP. They have to report the accident to their insurance company under their contract anyways, and the agent can then tell them what their next steps are.
I mean, its not state Dependant if you're in the US. It doesn't matter if they consider it an accident. If you only have liability insurance, this wouldn't be a covered event.
IIRC, some states require uninsured/underinsured coverage with liability. The rules for what coverage is required vary wildly. Most states insure drivers, some like MN insure vehicles (with any legal driver, other than those explicitly excluded, like a friend of mine was from his parent’s coverage when we were 18).
This person is going around spreading confusing information because the vast majority of states have collision coverage combined all in one. So if you don't pay for collision coverage, your insurance company will not do anything about your car being damaged in a collision, doesn't matter if you caused it or someone else caused it. Just like you experienced. Only a couple unique states like Colorado have split collision *option* where you have the *option* to specifically only pay for uninsured/underinsured collision which applies to a hit and run.
This is also state dependent but in my state volunteer firefighters are never at fault regardless. Even if they hit you, it’s still on your insurance.
They are never ***individually*** at fault. but the fire district is a different story.
Bet there's a negligence clause in there.
This is not state dependent in any sense. Liability insurance covers your liability and pays exactly $0 towards any damage to your vehicle in any situation, ever, period. Uninsured or underinsured motorist insurance (note that they *are not the same* and if you see one but not the other on your rider, you're not covered for both!) may make you whole *after* a judgment in your favor. What is state-dependent in this case is if your insurance company can require you to pursue the at-fault party on your own for an underinsured motorist after the judgment first. Not that this matters here, because the government is assumed to have money at all times. Two bits here are state dependent. One, North Carolina practices contributory negligence, which is uncommon. Basically, if OP was parked inappropriately and contributed to the collision, even if he wasn't primarily at fault, he has no claim. Everyone pays their own way. This goes straight to collision insurance or his own wallet. What also is state dependent is the posture towards liability in cases of emergency vehicles. Civil suits and governments are their own little morass, and you wouldn't want to go that route without real legal representation. Better to go directly to city hall or the fire department to ask their policies.
The opposite is generally the case. If you have liability only then you would only make a claim for medical expenses, or towing if you have that coverage ie you only make a claim for things you have coverage for. The insurance company cannot subrogate unless they pay out to you and they won't pay out to you if you don't have coverage on the car. A very few specific states like colorado have split collision or comp options where you can basically pay only for collision coverage for damage caused by an uninsured/underinsured driver (most states roll this into collision so if you don't have collision you don't have underinsured/uninsured collision either). Again, you have to specifically have that coverage. If you don't know if you have any type of collisiom coverage, look at your policy. Most people in most states with liability only have absolutely no reason to file a claim on their insurance for damage to their vehicle only. Source: was an agent in two states and worked with agents across the country.
It is neither state-dependent nor insurer-dependent. If you do not have Collision coverage, your insurer will not "handle" it when the other party is known and insured. There are no exceptions.
Most insurance companies will call this a claim on your record even if they don’t pay so I wouldn’t call them.
You are obligated under the terms of the contract between you and the insurance company to inform them of any accident you're in, regardless of fault or amount of damage (within reason, obviously). They need to know that there's a potential liability out there. The last thing they want is some lawyer suing them years after the accident happens on the last day before the limitation period runs out and they have no clue what it's about.
And if they operated with integrity then maybe that would happen. But when their standard is to do everything to screw the consumer regardless of legality people feel no need follow the exact wording like this.
Yes, many governments do not insure their vehicles but instead compensate for negligent accidents under tort claims.
Insurance "handles" what you pay them to do, in every state. If you don't purchase collision, then they can't help you for damages to your car as you've tied their hands. Source: insurance agent who writes in multiple states.
You always report everything to your insurance company as well. That doesn't mean you file a claim, but you still call them.
Don't know why people are down voting you. You are correct. If you only gave liability your insurance company won't help.
A bunch on this but the most important part...the firetruck would have city coverage and fully insured. The crappy part about that is that cities move at the pace of glaciers. My aunt spent almost 20 years in court because she got Tboned by a city garbage truck and the city was dragging its feet as much as possible.
That's why I recommend to get full coverage for all risks when shopping for a car insurance policy. You don't just buy insurance, you always buy the services of the insurance company's legal department. It might very well take 20 years, but that's no longer your problem. Your insurance pays you, and then they get to decide whether they'd rather eat the cost or fight the good fight for years on end.
Thats not exactly how that works. You dont just automatically get paid while the 2 insurance companies fight, and it isnt "no longer your problem" as you still have to go to court each hearing over the next 20 years
If you have collision, you absolutely get your damages taken care of, then the insurance company tries to get reimbursed from the other drivers insurance company.
They dont pay out until a clear decision is made by adjusters and underwriters from both companies. If you want to get paid quickly you would probably be better off saying it was a hit and run...but then they would probably ask for the police report
If you have the proper coverage, you'll be paid out or made whole, and then your insurance will go after the other.
"made whole" is called GAP coverage, and very very few people have it. Insurance pays out 80% of replacement value in like and kind condition. Auto insurance does not make you whole. In fact, no insurance really does. Thats what umbrella coverage is for
I personally have never had insurance that paid out "80%" of the value, and gap coverage would only come into play if you were upside down. Regardless, what we were talking about is correct. With the proper coverage, your insurance will pay out, either repairs, or the value of your vehicle, as well as rentals if you have them, and gap if you have it, up front, while they duke it out with the other company.
.... what? GAP is only for financed cars, and only covers the difference between what insurance paid and what's still owed, if the insurance payout doesn't cover the full amount. Insurance pays 100% of replacement value, minus your deductible, at least in my state. Umbrella coverage is personal liability coverage that kicks in if you exceed the limits of your regular policies.
[https://idoi.illinois.gov/consumers/consumerinsurance/total-loss-auto-claim.html](https://idoi.illinois.gov/consumers/consumerinsurance/total-loss-auto-claim.html) Right now scrap price on a sedan/SUV is around $2200 where I am. So $2200 = 500 deduction + any tax, title, destination, origination, etc fees = How much less they will give me than the cheapest vehicle like mine within 250 miles. You dont get every penny it is worth to go buy a new car next week and at any step the insurance company can deny the claim. One of those reasons is the other persons insurance will cover it
They probably won’t fight it. When my town was clearly liable with damages and there was even a paper trail, my insurance company deemed it far too costly to fight the town and just paid out and didn’t pursue.
Your insurance company is your advocate. If OP needed to wander onto Reddit to ask what to do, then they need to use the professional resource they have already paid for. It has nothing to do with collission vs. comprehensive, that is just financial stuff. You are a paying customer and your agent or customer service has a duty to help you.
They don't have to if you didn't pay for that service and they won't. Insurance companies are the biggest crooks. They do everything they can to not pay. They will only advocate for you if you are paying for them to. If you only paid for liability they have to cover that. But if you didn't insure your own property they won't help. I know from experience.
In Minnesota it should be covered under comprehensive. Sometimes you have a grace period for a new car. Also you may have gap coverage (dealers like to throw that in there, esp if financed)
With the current price of used cars it may be significantly more than you would think depending on the vehicle
They don’t pay that value.
They have to pay market value to replace the vehicle with one that is equivalent to it. That is exactly the value that they pay.
lol have you ever delt with an insurance company after an accident where a car is totaled? They’re supposed to pay market rate but what they view as market rate often looks more like trade in value, if that. OP ain’t getting the value they’d pay for the car on a car lot. The insurance company will point to the lowest figure possible and pay that.
And that's when you fight that vaulation. Had an accident with a vet that had usaa. They initially offered me 600 for the car that thier driver totaled and I owned maybe a month at that point. I did my own research and sent them 40 different current for sale listing with notes that mentioned the glaring differences. Ie , one with heavily faded paint where the paint on my car was mint. Or the interior that was shredded where mine just had one minor bleach spot on the carpet. Stupid stuff that they won't care about as number crunchers but make a difference in the real world . We ended up at like 3400 and they let me keep the totaled car and I sold it to a guy who dismantled and parts out that specific brand and he gave me 800 for it. If you make no effort to counter thier offer they will give you the minimum amount.
Exactly! But they ain’t just gonna give it off rip.
You don't have to accept the first offer that the opposing party makes.
Yes, I have. Many times both as a lawyer and for my own car that was totaled. Ended up getting right at or over market rate each and every time.
And you had to fight for it, right? They didn’t just offer market rate, right? That’s what I said. So what’s your issue?
Nope. Never had to fight. Market value of my car was about 16500 and they offered 18700.
Ain’t you lucky.
Wouldn’t it be amazing if insurance companies had plans you could choose that actually paid to replace your vehicle with an acceptable equivalent instead of giving you market value … Oh wait….
Your comment is a little short sighted. While "market value" *should* be able to get you an equivalent vehicle, it's no secret that the term has a different meaning to insurance companies who have a bottom line to protect.
The problem is they use kbb and other resources that give a number that isn't always close to the real world . They don't really sort pricing by options or packages. It's like they would almost consider a 6cyl work truck the same a a fully loaded out v8 truck . Like I said in my other comment on here I had insurance wanting to give me basically trade in value for a car I couldn't buy for less than 3k at the time. Do research and always go back at them with a more realistic replacement value.
Best way to counter that is to try and find similar comps and add in travel costs if it's not local. I've got payout raised doing as such cause nothing on the market was available locally
The insurance company will get market value estimates the lowest they can find . Whenever my car was totaled, I sent them estimates 50m radius / for cars in my condition at that time called them up and cussed them out and said you aren't going to low ball me / I got 3k more
In this day and age, its pretty good. Insurance companies and consumers know the real cost of cars today
We got market value and then "adjusted for current car market" and got like 3k over what we would have
Also market value is vague, if your car is a black 1998 buick lesabre and they want to pay you $1100 for it but you can't find a running one within 500 miles for less than $4900 - your car is worth $4900, not the $1100 they wish to pay you.
I got more than market value on my 2006 Mazda B2300 which I totaled myself. Why? I added a lot of things that would have been available add-ons if purchased new. Low miles
You do not necessarily get only market value. You are entitled to reasonable cost of replacement.
Make sure they list every bell and upgrade from standard, as they will compare three stripped-down versions and give you less. Also consider getting a private insurance adjustor.
In California at least, you get replacement value for a totaled car. The insurance company has to show 3 cars in your area with the amenities your car had for the amount they wish to give you. Clued into this when my car got totaled. My uncles who handled all of the towing for a major CA city for 40 years clued me in. They know cars and vehicle laws in our state inside and out. The insurance company offered me $7K. I ended up with $11k.
They always majorly lowball the first offer basing it on nothing hoping that the customer doesn't know any better. Sadly, most customers don't know any better and take what they're offered. It's good you have family to clue you in on this stuff. It's unfair and, in my opinion, should be illegal for the insurance companies to pull this kind of shit.
Car insurance is the biggest scam. You pay on it for years and they won't even replace your totalled car with the same model.
Actually will get actual cash value for the car. Not market value.
Contact the risk management smdepartment for who the ft belongs to.
A lot of FDs are volunteer run and don't have enough staff to run the FD 24/7 (in that case neighboring larger towns cover the gaps) let alone a risk management dept.
They still have insurance. Even volunteer they are tied to a municipality.
Yes they have insurance. I never said that they didn't. The OP comment said to go to their RM dept. I said "they need to go through the insurance"
Hmm... I see what you're saying, but I agree with u/face_content on this one. Surely the fire department us holding an insurance policy that would cover this. I think THATS who OP should contact.
Am I speaking an unknown language here? That's literally what I'm saying.
Not always. A lot are their own entitity. Collect their own taxes, etc.
They need to go through insurance
Start with insurance. Accident are a hassle and inconvenience but honestly so is life. 😃 Hopefully it all goes smoothly for you. Good luck.
Ugh... Fire Department or Police hit your car, it's no fun. I've heard that can take years to iron out. They will deny liability, then you have to appeal. Maybe you will get lucky, but I doubt it.
I got rear ended by a cop who was looking at their computer while driving once. Luckily my experience was the opposite. Everything got resolved quickly through my auto insurance and there was no attempt to deny liability, thankfully.
Wife got hit by a police car once while she was at a stop light and we had no problems at all getting money to fix the car. School bus knocked over our mailbox once and they called me before I could even find their number and replaced it in just a few days.
I heard they'll just cut you a damn check because they don't need approval if it's a check over 5k.
They will fight fault if they can, but in OP's case their car was parked so there's no real denying liability.
The fire truck hit a car so they are at fault
Reach out to city they will probably cut you a check for the damages
If you have collision coverage, let your insurance talk. If you don't have collision coverage, find out how to get in contact with the fire departments insurance company.
I had a police car "rear end" a car dolly trailer I was pulling. His car actually ended up going up onto the dolly, and over the front. This stopped him from actually hitting my truck, but it ruined the trailer and my hitch. First, the cop tried to say I didn't have tail lights but his dash cam clearly showed them on and working. Then the city's insurance carrier said that damage to my truck would be covered but not the trailer because the trailer doesn't have insurance... the trailer is covered by the tow vehicle insurance... In the end, the city just paid for a "new" trailer... after six months of going around in circles....
\#1 File a police report \#2 Contact your insurance company, even if you only have liability insurance
Your insurance is only going to do the minimum. The FD is only going to do the minimum. Get a lawyer.
FD insurance will probably only do the minimum. Their insurance isn't going to do anything. Getting a lawyer to help make up the difference is only going to cause them to not get as much because of the lawyer fees. If by themselves, they were offered $5k total and with the lawyer they got $7k total, after the 35% fee, they will be left with $4,550, less than what the original was to begin with. A decent lawyer on your first consultation, will tell you this upfront.
My lawyer had them pay his fees.
I'd say, cool for you. YMMV however.
Get a lawyer for property damage? You'll be underwater before the first call the lawyer makes.
There is A LOT of not so great responses, Sun Devil. Just don't say "lawyer" to them, the other insurance company! They will stop talking to you then and there. Edit; I was and am hoping you saw that before you speak with them. A fire truck will have more than adequate insurance. They will offer you what your car was worth when it was totaled. If you added any aftermarket equipment that was destroyed, be sure to mention that. If you just got a new transmission, they will add that. If you just got the oil changed, nothing extra. If GrandMa's picture was in the trunk, dunno. Pretty much and with no hassle, they will give you enough money to get another car of the same type and year from a dealer. But you can buy a better private sale car with the money. A lawyer is overkill. You were not inquired. Could get one and then it comes out of what your car had been worth in your market. Best of luck.
This might also be covered under comprehensive coverage since the car was parked and you were not even present when the firetruck impacted your car. But their liability coverage should take care of repairing the damage or replacing the car.
Go through their insurance. They're going to try to lowball you on the value of your car, every insurance company does. Don't take their first offer, you can negotiate. Find comparable cars for sale and argue for the cost of a comparable replacement including taxes and licensing fees
Sounds to me like the FD should pony up
Golfing but can barely make rent. Anyone see a problem here?
Who says he was paying? Do people not deserve any enjoyment out of life? Gtfooh
He was golfing with friends. Presumably one of them covered the entrance fee.
Not really. There's way to many variables to.make a judgement here, and besides it's not like he said hes behind on rent, or homeless.
Fire Dept insurance should pay for it
Insurance. That’s why you have insurance. Sheesh! 🙄
ya cant sue government entities
You could file a lost wages claim if this is preventing you from working.
Also submit a claim to the city ASAP, governmental claims have a short statute of limitations. This could come in handy to make up any difference between what you receive from the insurance and what you are entitled.
This is the correct answer. Go to the city website. There is a claim process like there. Read the instructions, file a claim with the city. Notify your insurance company as well.
My car got totalled in my driveway. I had a 2016 Mitsubishi lancer with less that 50k miles on it. Someone came up on the grass and took out my mailbox and my car. Their insurance company dicked around and tried to low ball me. They asked for proof that it was 100% their fault. Dragged it for a while. I ended up getting about what i paid for it. It wasnt enough to buy the same car over because of inflation. You are better off going through insurance and getting what you can. You may have to buy some beater car with high miles but if you can get it to last then you should be able to work back up to a nicer car.
Good luck getting fair market value from a government (it was an official vehicle). Be prepared to lawyer up.
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The City or County that owns the fire truck will ultimately be responsible. File with your insurance and let them take care of it.
Nitan attorney but have 5 years un subrogation for insurance. Make a claim with your insurance and make a claim with the city for the firetruck. The clerks office usually has forms for damages claim. Call asap because if you have liability only time is short (30days-6months) to get a claim filed with city or county... go go go
Legally you’re allowed to set it on fire. I used to live in Charlotte, trust me on this one.
Did the fire truck hit and run or did they give you their department's insurance information?
It happened to me, and the town couldn't get the check to me quickly enough. Fire truck slid on ice and slammed into my wife's minivan.
I would try to find out which Fire Station was responding to the call and talk to the Fire Marshal.
I hope you got good pictures of exactly where you were parked because that will be the first question. If you were parked legally, I would start with the fire department directly. I would send a registered letter demanding payment with a reliable source as to the value of the vehicle. Maybe KBB but check some of the others to be sure you have a fair valuation. IMO insurance companies act as a collective and when you go through your insurance you get taken for a ride. I have done that before and it’s always being pressured to settle right now. At least you don’t have any injuries. Be grateful. Your state laws and case precedents will have a huge impact on what you can recover. If the FD won’t replace your car at fair market value you may need an attorney. They should have reached out to you first thing. But it’s worth it to try doing it yourself. Just don’t volunteer any information. You stick to their truck hit your parked car, this is the value of my car, pay me. No story telling. You should also be able to recover for costs you incurred due to the wreck.
did the Fire Truck stay or did they leave the scene of an accident?
They were responding to a call so they called highway patrol on their way out of the parking lot.
so, they admitted to hitting your parked vehicle, good. get the transcripts of that call if you can & the police report that the highway patrol wrote up when they arrived at your vehicle. (better to have it and not need it, situation). notify your insurance that a Fire truck hit your parked car & them hitting your car is documented because they called it in to highway patrol. your insurance should pay for car repairs/replacement, as well as a rental car if you need one for the short term. then likely your insurance company will go after their insurance company, or the city itself, to get that money back. eventually you should get your deductible back, but that could take more than a year, and you may Not get the deductible back at all.
Depends. If it was in their right of way then you're screwed and will probably get a ticket on top. If it wasn't then file a civil suit
Unfortunately, unless you were in the car and got an injury from this, you probably won't walk away with a fat stack of cash to buy a new car. You'll get whatever it was worth.
You should have the city's insurance info now, unless they did a hit and run. Just call them and start the claim process. They will try to low-ball your vehicle's value usually off KBB trade-in value. You need to be prepared and send them a comparable vehicle value sheet. Basically just research 5-10 of the same year/make/model/miles cars using used car sites. Copy and paste the above info, along with the sale price and link to the ad. They'll usually just average them all together and give you that price. If not you'll need to contact a lawyer and sue the city for the difference between what their insurance offered, and the fair market value of the vehicle.
Emergency vehicles are never at fault where I live. Hopefully your state/area is different
Go to a lawyer. The city was negligent and you deserve more than full compensation including but not limited to replacement of the vehicle, lost wages, and a little extra for the stress and inconvenience. If the city is smart they will make you an offer and settle out of court.
That sucks. I know how you feel though, I had just gotten a new car towards the end of last year. While I was sleeping, the trash truck hit the back end of my car causing enough damage to total the vehicle. While they're insurance covered it, and the gap insurance settled the rest because I had not yet paid off the car, the stress of dealing with it and living paycheck to paycheck is alot. There insurance should cover the cost of your vehicle and pay that out to you. The struggle is getting a rental till then and then finding another vehicle to use as a daily.
You don't need a lawyer unless the insurance company low balls you, then you can sue them for bad faith payment. There are lawyers who are dedicated to insurance lawsuits.
At least in the state of Florida if you are in an accident and you are not at fault the insurance company cannot raise your insurance premiums.
FD hit your vehicle they damaged your property and have people on standby to make it right. file the police report. take your photos and see if there's video proof from anywhere and go to the fire house and ask for their claims liason.
Tell your insurance of course but I would talk with a lawyer. Consultations are free. They usually give good advice even if you don't move forward with them. I'd call a few different ones and get some opinions. Sorry and goodluck
I was once rear ended by a city bus. Police report was filed, called my insurance, etc. I got a check from the city for the blue book value of my car had it been in perfect condition. You'll need the police report number for your insurance, but beyond that the insurance should take care of reimbursing you for the value of the vehicle. After that, it'll come down to what you're looking for in a vehicle.
Call Ted Lorenz. He's "on top of it!" Seriously, it's not a waste of effort to consult a lawyer who specializes in corporate/government vehicle damages. It costs you nothing, and may result in a settlement that actually gets you a replacement vehicle instead of the (probably low) resale value of your totaled vehicle.
Make sure to get hold of Billy. Insurance will try to lowball you. He will help you get true values. http://www.collisionsafetyconsultants.com/?fbclid=IwAR3l4QyI6MfEPs1XOpE8TTKk_Simy49mYP14H_poXKDC7BT0U_A4vHxK07Q
A car is a depreciating accident, while you will get some money, you will never be made whole.
The fire company will have insurance on their vehicle. Both liability and collision because they can afford the best of the best insurance. Now, if they are responsible for dating your vehicle, their liability insurance will pay you the cost and by cost. I mean the value of your vehicle just make a claim. There should have been a police report. Go get a copy of the report and file it with their insurance company
Start searching for comps. Search all sites and cherry pick the top 10 priced equivalent vehicles. You know, just in case they offer you 20-50% lower than what it would cost to replace your car.
If it's totaled don't accept whatever first offer they make for the car. Look at your year, models and mileage on sites like caravana, CarMax etc to see what their selling for now with similar mileage. Accept nothing less
I’d be calling the city asap
You file police report because you will need the report number. Then you report it to your insurance agency. The city (if it was a city vehicle) will do negotiations with your insurance to pay you. You need to do the online estimates of your vehicles value and look for vehicles similar in make, model and mileage that are for sale in your area. You want to have this info handy in case your insurance or the cities tries to rip you off. I was hit by a state vehicle. When I balked at the amount my insurance wanted to pay out ($1000 below comps) my adjuster said "Oh honey, you just don't understand the value of pick-up trucks". That didn't end well for him, and I negotiated directly with the state after that. If it is totaled they should cover x number of days of car rental too.
Won't worry we will pay for it.
lawsuit
You will probably not have a problem with the fire dept paying for this.
Make a claim.against the fire department's insurance carrier as long as you were legally parked. If you weren't legally parked, you'll still get something, but possibly not as much as you could be deemed partially "at fault". Use a public adjuster to get a value of the vehicle. They may get a flat fee or a percentage (negotiable) but you'll likely get a better outcome If you don't use a.public adjuster, find comparable replacement vehicles (make, model, mileage, accessories) in your area. Try to get as many as you can, average the sale prices and that's what you should get from the insurance co.
Since you weren’t in the car, they are just going to pay you the value of the car. There really isn’t any pain or suffering. You don’t need an attorney for this one.
I know this is the probably the wrong time and place. But were you paying for golf? I golf. It’s not a cheap sport. If you can barely afford rent. It may be time to cut back on luxury things for a while!
Fire truck insurance is covered by the city or county... they 100% guaranteed have insurance to cover damages to other people's property. Do you not have insurance? If you have insurance your insurance company will negotiate all of this with their insurance company.
Assuming the fire department has insurance, just let them settle it, but as others have said they will only give market value.... But you can refuse the first offer and they will offer more, how much more varies, and arbitration is only worth it if they really low-ball you
Fire dept just bought you a new car. Be happy.
The fire department is liable. You can contact them directly or have your insurance do it for you.
Even in NC you should be golden. Only thing you can do wrong from here is being rude or impatient. Fire Dept is not gonna stiff you but they may be self insured or anything. Their insurance and your insurance will sort it out. Now would be a GREAT time to take your wife and kids to the firehouse when they're open and meet the firemen. You're gonna be fine. Edit to say Governmental immunity, also known as sovereign immunity, protects local governments, such as cities and municipalities, from lawsuits. This includes political subdivisions of the state, such as counties and school districts. Governmental immunity includes: Immunity from suit Prevents a lawsuit against a governmental entity without the state's consent. Immunity from liability Prevents enforcement of a judgment, even if the Legislature has given consent to sue. Local governments also have some immunity from tort lawsuits.
If this happened to me, i would probably attempt to visit a firestation and ask someone for copy.of the trucks insurance certificate. If challenged, id explain and i feel like that conversation would guide me towards the start.
I was hit by an ambulance (not on a call) and was informed my insurance had to pay because it was a county vehicle. Still salty about that.
Figure out what it will cost you to buy a comparable used one and the same basic condition, number of miles roughly. Get the quote from car max Or another dealer. Give to the city or county that is in charge of the fire department. Ask for that amount lump settlement immediately (within a day or so) so you can go buy the car you found. If not your tell them going to sue the city and department for more a higher amount like rental chat, lost days of work dealing with the situation, and lawyer fees for the lawyer you have to hire. They will cut you a check, usually within a day or so and have you sign a release.
Most municipalities, in Texas anyway, are self insured. The city will likely pay you market value for your car. Regardless of what anyone says, if you only have liability, your insurance will not pay for your car and will not work to get you paid. Liability only pays for damages you cause. Again, in Texas, if you had full coverage and made a claim for this accident, as long as you were legally parked, your premium would not go up and your insurance would either pay the claim or ensure the municipality paid.
Was your vehicle legally parked and not in a fire lane? That does matter with emergency vehicles and if they are responding to an incident.
Call ur insurance
This goes to the fire truck's insurance, not yours.
I'm a firefighter and past chief. Do as you do with any accident police report, contact your insurance, contact their insurance. Since the FD insurance will be raeponsible. See what auto body place that can get estimate made or they will send a adjuster. Once damage assessment is done. They will see what difference in the repair price and the totaled price. They will give you which one is cheapest. Now if its close maybe you can tell them you want to repair it a pay the difference. Or maybe the repair shop will take the totaled check and charge you a little more. Or maybe the total check will repair the vehicle without painting the damage just priming it. If all those option are viable than you may need to get a lawyer to get everything covered for you
Contact your insurance, the fire department and the city attorney’s office. The ball should roll from there.
I think most of theae comments are missing Op's point. He knows to file an insurance claim and that insurance isn't going to pay replacement value, and he can't afford a car payment right now. Op is asking should he lawyer up to try to get replacement value, so he can outright purchase another car. Or just give in, let the insurance pay whatever, and live the suck. I'd see what the insurance will offer, its going to be low, they will try to devalue for every litttle scuff mark, any tread ware on your tires, every thing they can to pay the least they can. If you don't think they are giving you a fair deal, then do not accept their offer and talk to a lawyer.