What to do if my wife was hit by an 18-wheeler delivery truck in a fast food drive-thru?

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What to do if my wife was hit by an 18-wheeler delivery truck in a fast food drive-thru?

The trailer cut too tight and caught her front bumper and damaged it. We have a police report and photos. The truck driver’s insurance company is refusing to pay for the damages saying that she hit the truck and that he didn’t do it. In reality, she was sitting still and the truck cut too tight and hit her while she was stopped.

Asked on May 14, 2013 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You and your wife do not need to accept the insurance company's determination--it is not an official determination, but is just their opinion. You have the right to sue the truck driver if you believe he was at fault; if you can prove in court that he caused the damage, such as through photos, testimony, police repots, etc., you can recover money. For amounts less than the limit for your small claims court, you are probably best off suing in small claims, acting as your own attorney.


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