Town plow hit my car!!

[Goofygirl17]

We have a steep driveway so I parked my car up on the cul-de-sac so it wouldn't get stuck in the driveway. The phone rang at 5:45 and I thought it would be a school delay- It was the police! The town plow slid across the cul-de-sac and pushed my car up against the edge. The damage looks worse now that it's light out. There are actually small holes along the edge of the back door's window. The mirror is smashed, the back door won't open, the back tire appears to be slanted in, the molding between the front and back doors is smashed and the metal is bent, and the tire on the opposite side is pushed right into the dirt on that side so we can't see if there is any damage there.

I'm going to call my insurance company, the body shop and AAA to have the car towed there. I'm not sure how things work with the town's insurance but they should have to pay for the damage.

NOT a good way to start the day.

 

[java]

Shoot sorry. I hope your town is different than ours. Ours says cars off roads during storm and not responsible for damage*although I don't know if that would stand up in court.
We park our cars at the TOP of our steep driveway during storms.
Good luck! And hope they pay for the whole thing!

 

[Goofygirl17]

We don't have a parking ban or any parking rules in our neighborhood so they should be responsible. I just talked to our insurance company and they said we can go through them and pay a $200 deductible. Then after the car is fixed and the case is settled they will go after the town's insurance to get the money back- including our deductible.

This stinks. I just want my car back! Last January we got hit by an 80 year old woman who went through a stop sign (stopped, looked and went) and had about $5000 worth of damage! It took about 5-6 weeks to get my car back! This is my new Honda Accord (2010) and I love it. I'm not sure if it has structural damage though. I hope not- if so I want a new car!

 

[Marionnette]

We have a steep driveway so I parked my car up on the cul-de-sac so it wouldn't get stuck in the driveway. The phone rang at 5:45 and I thought it would be a school delay- It was the police! The town plow slid across the cul-de-sac and pushed my car up against the edge. The damage looks worse now that it's light out. There are actually small holes along the edge of the back door's window. The mirror is smashed, the back door won't open, the back tire appears to be slanted in, the molding between the front and back doors is smashed and the metal is bent, and the tire on the opposite side is pushed right into the dirt on that side so we can't see if there is any damage there.

I'm going to call my insurance company, the body shop and AAA to have the car towed there. I'm not sure how things work with the town's insurance but they should have to pay for the damage.

NOT a good way to start the day.

Wow! I'm so sorry. That sounds like quite a bit of damage. I hate to say it, but if the axle of that rear wheel is broken and the frame is bent, they will probably total the car.

If the car was parked, you should only have to pay the deductible on your comprehensive coverage. Collision comes in when the car is being driven. At least that was how it was handled when my Tempo was parked on a side street and a distracted mommy plowed into it.

 

[Sagginit]

oh that is awful! sorry to say it but it sounds like it might be totaled. i got hit on the tire/wheel well area once and was lucky they could just bang out the dents and lived with it that way. to replace the panels and have it repainted i was advised it would have cost a few thousand which was more than the car was worth. i could imagine having to replace several panels, doors, tires, repaint etc it just might not be worth it in the eyes of the insurance company. good luck with your claim, i hope you get to keep it.

 

[Sadie22]

I'm sorry you are dealing with this.

In many jurisdictions parking on town or city streets during a snow emergency is a ticket/fine/impounding offense. Cars may be towed at owners' expense. I hope you don't get hit with a fine or find out that you are guilty of contributory negligence for not parking your car safely on your own property. Good luck!

 

[clh2]

Good luck with this!

In my neck of the woods - if a plow hit my car that I had parked in the street -- I would also be responsible for the damage to the plow.

 

[Bell30012]

"Hello Geico..." That is why I always carry full coverage including uninsured motorist. I call my insurance company and let them handle it. Just recently my Prius was destroyed in an accident caused by an illegal alien. Geico handled everything. If Geico recovers from the other driver's insurance company they will give me my deductible back. If not, it only cost me $500. But so much peace of mind knowing that they can handle it for me.

 

[It'sWDW4me]

I'm sorry you are dealing with this.

In many jurisdictions parking on town or city streets during a snow emergency is a ticket/fine/impounding offense. Cars may be towed at owners' expense. I hope you don't get hit with a fine or find out that you are guilty of contributory negligence for not parking your car safely on your own property. Good luck!

OP never stated there was a snow emergency in effect.

Around here, SE's are only called when we're expecting at least 8 inches of snow. Even when an emergency IS called, the only time you would get fined is when you're parked on a snow emergency route during a snow emergency. Believe it or not - plows are out even when there's only an inch or two on the ground and people ARE allowed to park on non SE streets.

OP - good luck to you and wishing a speedy but complete fix of your car!!

 

[smitch425]

We don't have a parking ban or any parking rules in our neighborhood so they should be responsible. I just talked to our insurance company and they said we can go through them and pay a $200 deductible. Then after the car is fixed and the case is settled they will go after the town's insurance to get the money back- including our deductible.

This stinks. I just want my car back! Last January we got hit by an 80 year old woman who went through a stop sign (stopped, looked and went) and had about $5000 worth of damage! It took about 5-6 weeks to get my car back! This is my new Honda Accord (2010) and I love it. I'm not sure if it has structural damage though. I hope not- if so I want a new car!

I think it is a COUNTY law here, not just a subdivision/town thing. As others have said, if we park on the street we are responsible for damage to our vehicle AND the plow.

 

[ADisneyQueen]

Our car and a county plow hit each other last winter. We were coming down a steep hill that had not been plowed. Plow was in park at the bottom of the hill ( it was a 4 way intersection). He said he didn't see us and was apologetic. We could not stop the car. The police came and said he had to fault someone and it could not be the plow b/c they have the right of way. So DH got a ticket and pts. taken off his license.

My guess is they will not pay b/c they have the right of way and will say you shouldn't have been parked there. Just be glad you weren't in the car.

 

[Stitch76]

So, sorry this happened to you.
Sound like the car is more than likely totaled though. The axle is probably bent.
Just be happy you weren't in the car when the plow hit. Around here they will run you off the road in a heartbeat and keep going.

 

[Goofygirl17]

I'm really hoping it's not totaled. The tow truck just left with it. I'm pretty sure there are no parking rules in town except for where there are signs stating no parking. I'm going to check though.

 

[Goofygirl17]

I checked the town ordinances and the only parking ordinance is during snowstorms/ice storms on "town maintained highways" not residential roads so we should be okay.

 

[BellePrincessBelle]

I checked the town ordinances and the only parking ordinance is during snowstorms/ice storms on "town maintained highways" not residential roads so we should be okay.

"Town maintained highways" can imply all roads that the town maintains. it is a broad term. In my town it means all roads that the town maintains & the plow has the right of way.

 

[puffkin]

I'm sorry about your car, that stinks!

Around my area where most people have garages and driveways, if bad weather is expected everyone moves off the street, not the other way around. Snow Emergency route or not....between the plows and other drivers I am not sure why anyone would think it was a good idea to park in the street Anyone could lose control and slide into your car. IT is easy to get DOWN a steep driveway in bad weather....getting back up may be an issue, but in those types of driveways most people just park at the bottom (but still in) their driveway.

 

[pixiewings71]

We don't have a parking ban or any parking rules in our neighborhood so they should be responsible. I just talked to our insurance company and they said we can go through them and pay a $200 deductible. Then after the car is fixed and the case is settled they will go after the town's insurance to get the money back- including our deductible.

This stinks. I just want my car back! Last January we got hit by an 80 year old woman who went through a stop sign (stopped, looked and went) and had about $5000 worth of damage! It took about 5-6 weeks to get my car back! This is my new Honda Accord (2010) and I love it. I'm not sure if it has structural damage though. I hope not- if so I want a new car!

Your insurance company should not be charging you anything until this is resolved. If the snow plow is responsible (and it wasn't illegal for us to park on the street and we regularly got huge snowstorms resulting in multiple foot snowfalls) then you should not have to pay a dime. I would check that again because that just does not sound right. And yes, if the frame is bent they will total it, you can buy it back but it won't be the "same" car.....good luck!

 

[Goofygirl17]

I'm sorry about your car, that stinks!

Around my area where most people have garages and driveways, if bad weather is expected everyone moves off the street, not the other way around. Snow Emergency route or not....between the plows and other drivers I am not sure why anyone would think it was a good idea to park in the street Anyone could lose control and slide into your car. IT is easy to get DOWN a steep driveway in bad weather....getting back up may be an issue, but in those types of driveways most people just park at the bottom (but still in) their driveway.

We have a driveway and garage but unfortunately the house/garage is at the BOTTOM of the hill. So when it's slippery we can't get out and go to work. We live at the end of a cul-de-sac so the only cars coming by our driveway usually are ours so not much chance of getting hit. The plow came over the top of the hill and slid straight down to my car- he should have been going slow enough that he could go around the cul-de-sac- not straight ahead- then if anything he would have clipped the back end but instead he hit it straight on with the plow and pushed it a couple feet to the side. If my car hadn't been there he probably would have hit the phone/cable and electrical boxes that were right behind my car.

 

[Marionnette]

I'm sorry about your car, that stinks!

Around my area where most people have garages and driveways, if bad weather is expected everyone moves off the street, not the other way around. Snow Emergency route or not....between the plows and other drivers I am not sure why anyone would think it was a good idea to park in the street Anyone could lose control and slide into your car. IT is easy to get DOWN a steep driveway in bad weather....getting back up may be an issue, but in those types of driveways most people just park at the bottom (but still in) their driveway.

Not all driveway slope downward to the street. Some people actually have to drive up an incline to reach the road.

And if you live on a cul-de-sac like the OP, the only traffic you get is your neighbors, the pizza delivery guy and UPS. There's very little chance of getting sideswiped.

Finally, my parents (who have to drive UP their driveway to get to the street) had their Jeep parked at the end of their driveway so that they didn't have to shovel the whole thing in order to get out. Someone plowed into their parked vehicle. On their own property.

Crap happens. Don't blame the victim.

 

[DVC-Don]

.....................

If the car was parked, you should only have to pay the deductible on your comprehensive coverage. Collision comes in when the car is being driven. At least that was how it was handled when my Tempo was parked on a side street and a distracted mommy plowed into it.

Not so. This will be collision coverage. Comprehesive is fire/theft/vandalism/striking animals.

Also, if the town plow was plowing your cul-de-sac, then that is a town maintained roadway.

The fastest way to get the vehicle repaired is to use your collision coverage and then let your insurance company subrogate the damages from the towns insurance carrier. Collecting from municipalalies can take some time. Here in New York you have to file a "Notice of Claim" within 90 days before you can actually make the claim with the town/city/state. Weird, huh?