What happens if a garbage truck hits your parked car? If a garbage truck hits your parked car, you should report the accident to the police and insurance company, and then seek out fair compensation.
A garbage truck accident lawyer in North Charleston can help you file a claim.
A Police Report Is Likely
When a garbage truck hits your parked car, it is essential that you prioritize taking steps to protect yourself and others. Even if no one is in the vehicle at the time of the accident, call the police to request assistance if the incident took place on a roadway.
This enables a comprehensive investigation to take place, capturing all available evidence. After calling the police, make sure of the following:
- You do not admit any guilt in the accident. Do not say, “I knew I should not have parked there.”
- Provide only factual information about what occurred in the incident, and let them gather photos of what took place and all evidence of what caused the incident.
- The police report acts as a tool for documenting the evidence in the accident, but you should still take photos yourself to help support your claims.
A police report does not solve the problem. It will still be necessary for you to seek a claim against the at-fault insurance company to make them pay for the losses you have incurred. The key here is to ensure that as much information as possible is collected to show who should pay for your damages. Talk to a South Carolina personal injury lawyer today.
You Will Need to File a Claim with the Insurance Company
Initially, you should not file a comprehensive claim with the insurance company, but you do need to inform them of the incident. Obtain the information from the garbage truck company and the driver to facilitate this process. Alert them of what took place.
You will need to file a claim for your losses, but you may not be able to do that until you understand all of the losses you have related to this incident. For that reason, if the insurance company wants you to file a claim immediately, tell them you are not ready to do so. You are not obligated to file a claim immediately, and in most cases, it is best not to do so.
After alerting them to the accident, work on understanding what all of your losses are. That is where an attorney can help you if a garbage truck hits your parked car. A South Carolina truck accident lawyer can answer all of your questions.
Determine If the Car Is Totaled or Can Be Repaired
The insurance company ultimately decides whether it will total the car or repair it. However, it is your right to seek out an estimate for the repairs on your own. It is often a good idea to seek out a technician whom you trust to complete the work properly.
The insurance company is likely to decide to repair the car if the damage is minor or less expensive to complete than it would be to total the car. If it would cost more to repair the damage than the value of the car, you can expect the insurance company to determine it to be unrepairable and, as a result, they will pay you the current value of the car. Note that this is the current value before the accident.
A key concern here could arise if you owe more on the car than the insurance company is willing to pay, due to an outstanding loan. In those situations, you should be sure it is repaired, and your attorney will help you determine if that is possible. In all cases, this decision must be made. Read our FAQs to learn more about these types of accidents.
Filing a Claim for Your Losses
If a garbage truck hits your parked car and damages it, you will be able to file a claim for the losses you incurred if the garbage truck company or driver is responsible. Your losses may be more extensive than just the value of the car or the cost of repairs, depending on the situation. This is another area where having your attorney available to help you is critical.
In situations where a person was in the car at the time of the accident and they sustained injuries, it is critical to include all losses associated with those injuries. In situations where no one was in the car, your attorney will help you determine the total value of the car accident based on property damage alone. Be sure you document all of the losses you have so you can file a comprehensive claim.
In situations where injuries occur, the victims will need to demonstrate the nature of those injuries and assign a value to them. Consider both economic and non-economic damages, including medical bills, lost wages, and pain and suffering, and the implications of the accident on your health and well-being. All of these factors can add up and should be a part of your claim in each situation.
Going to Trial Is Less Common When a Garbage Truck Hits a Parked Car in South Carolina
In an accident like this, unless there are substantial injuries that warrant filing a robust claim or negligence due to intoxication or intentional behavior, your case is likely to be settled out of court. Your attorney will facilitate the process and ensure your claim is robust.
However, in more complicated cases, you may be able to file a lawsuit if the insurance company does not pay your damages fairly. If you need to go to court, the statute of limitations (South Carolina Code of Laws, Title 15) provides you with three years to file a claim.
Setting Up a Free Consultation with a Car Accident Attorney Can Prove Critical
As you navigate what happens after a garbage truck hits a parked vehicle, remember that having legal insight is always a good thing.
It can also be very affordable, as most attorneys will provide a free consultation to victims as a way to determine if they have a case. Do not give in to the pressures of the insurance company without your legal team at Shelly Leeke Law Firm.
