Town plow hit my car!!

[Goofygirl17]

I talked to our adjustor and then our agent Our premiums shouldn't go up since the car was parked and there was no parking ban. I think I'm just going to let the insurance company take care of it and wait for reimbursement from the town for our deductible.

Thanks everyone.

 

[Swimalie]

"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.

Sorry this happened to you. I would freak out if my car got hit like that. I hope the fix is easy and painless. As for your road, I live in the heart of a large neighborhood but our streets are state maintained which means we have to go by state laws on parking. You might want to check that yours are not under someone else's rules as well.

 

[corie161]

Just going to pipe in from a City view point. I work for a municipality and we had an incident where the snow plow slid and pierced a van that was parked on the city street. We have an ordinance which states that cars must not be on roadways following a 2" or more snowfall until plowed. In this instance the City submitted the claim to their insurance and paid, regardless of the fact there was an ordinance and van shouldn't have been there in the first place.

Not sure if the City insurance would try at that point to reciprocate with the van's insurance at that point.

 

[AllesonWonderland]

So sorry that happened! I hate late night/early morning phone calls like that. Here's hoping everything gets resolved quickly for you!

 

[monarchsfan16]

Town maintained road is any road that the town plows.

Here most towns have an ordinance that there is to be NO overnight parking between November 1st and April 1st on town roads. Doesn't matter what the weather is.

 

[Kellydelly]

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?

I believe this is considered property damage, not collision. I backed into my neighbor's parked car that was in the street at the end of my driveway (across from my driveway) and that is what their insurance considered the claim. My insurance covered all of their damage and I didn't have to pay anything either. I don't think the OP will be out any money, if they have full coverage on the vehicle.

 

[seashoreCM]

If you hit someone's car (parked or moving) and are at fault then your property damage insurance covers it.

Meanwhile if he files a claim with his own insurance company then his collision insurance covers it.

Just because a car is parked illegally does not mean its owner is at fault if the car is hit.

 

[Colleen27]

Ugh, hope this all resolves relatively painlessly for you! That's one of my big worries every winter - we live in a very old house with no driveway or garage so we're always parked on the street during the winter, and it makes me so nervous especially when we're going out of town. Fortunately a neighbor is out of state for an extended period right now and gave us permission to use his driveway, so I don't have to worry about it while we're gone next week.

 

[dakcp2001]

Sorry this happened to you! Years ago we were at Disney for a week in December getting engaged, my home is towards the bottom of a very steep hill. The plow/ dump truck could not stop coming downt he hill and hit my HOUSE. Then it snowed another foot. My parents handled it all and did not want to ruin our trip since they knew my husband planned to propose but did not know when so they waited to tell us until our last day, but we came home a little early and it looked like a bomb went off. Bricks across the street and on my neighbors roof. Whole house was caved in, covered in tarps, then covered in snow. Took out the porch, living room, foundation and destroyed the driveway. Worst part was my kitties were unaccounted for. One of my neighbors who I will love forever went in right when the accident happened and took my kitties to her house and she had told the police but it was never relayed to my parents. She had gone in to see if we were there and if we were ok and found my kitties cowering in the basement. We ended up living with my parents for almost a year while the insurance company worked it out and all the repairs were done. City insurance is difficult to deal with, but in the end the house never looked so good. My poor parents spent days calling the kitties and searching the neighborhood.

 

[SaraJayne]

I talked to our adjustor and then our agent Our premiums shouldn't go up since the car was parked and there was no parking ban. I think I'm just going to let the insurance company take care of it and wait for reimbursement from the town for our deductible.

Thanks everyone.

You may be waiting a long time.

Since plows always have the right of way, I doubt you'll be getting anything from the town.

 

[mrsklamc]

Did I miss the OP saying where she lived? Because traffic laws vary WIDELY from state to state and town to town, so no one here really knows what is going to happen unless they happen to be an expert on the law where the OP lives.

 

[mrsklamc]

Since plows always have the right of way, I doubt you'll be getting anything from the town.

This is absolutely untrue. Even if it were, 'right of way' does not mean 'free of any fault or liability in hitting stationary objects.'

 

[OceanAnnie]

Where was the point of impact on the vehicle? If it was the same place that was hit before (prior accident w/ the old lady that hit you), or near it, it could be totaled. I'd check into that.

Oh, also stay on top of the estimated repair cost. If it exceeds the cost of the vehicle, it should be totaled --- but companies don't always foresee the overall cost of repair until the vehicle is completely broken down. Then it can be too late for it to be totaled, because they have too much invested. Many times they start the repair process and keep finding other things. It adds up quick. In other words, I'd look up the value of the vehicle and have an ongoing conversation with the insurance company and the repair shop.

Good luck with this. Such a bummer!

 

[npmommie]

Good luck with it OP.
I know that in my little country town the plows are not responsible for damage.
years ago when we first moved into this neighborhood ( it was just being built ) our road was not considered a town road. so the town did not maintain it , we hired our own plow company as neighbors and paid out of pocket. a few years later, the town said they would plow our road but they would not be responsible for any damages, the same as if it was a town road. we had to sign off.
now our road is approved as a town maintained road, but I know for a fact they will not pay for anything, they took out our mailbox one year.

 

[SaraJayne]

This is absolutely untrue. Even if it were, 'right of way' does not mean 'free of any fault or liability in hitting stationary objects.'

In most towns (regardless of state), plows are not responsible for damage.

 

[Bell30012]

In my town... We don't have any snow plows!!! We got one inch of snow last year and shut town down for a week!

 

[Alexander]

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!!

We woke up to 10 inches of snow on Friday and everybody still went to school and work as normal! I guess different municipalities are better equipped to handle the snow. A snow emergency for us would be at least 2-3 feet and very strong winds causing blizzard conditions.

Our city has a snow ordinance from November 1st to April 1st (dates flexible depending on weather) that states no parking on city streets from 1 a.m. to 6 a.m. so they can be plowed. I would think if someone left their car out and it got hit, the city would not be liable (that is if it hadn't already been towed).

 

[mrsklamc]

In most towns (regardless of state), plows are not responsible for damage.

Most is a LOT different than always, and it is not regardless of state. It actually varies both by state, and by town.

 

[Alexander]

Most is a LOT different than always, and it is not regardless of state. It actually varies both by state, and by town.

All of the towns around us will replace any mailboxes they damage without blinking an eye.

 

[DISdreamin']

We woke up to 10 inches of snow on Friday and everybody still went to school and work as normal! I guess different municipalities are better equipped to handle the snow. A snow emergency for us would be at least 2-3 feet and very strong winds causing blizzard conditions.

Whoa - I thought we were hardcore around here, but you've got us beat! 10 inches of snow is definitely enough to delay school here, maybe close it depending on when it comes down and whether the wind is blowing. We did burn a snowday last week for a tad more than a dusting; it was weird.

OP, good luck with things! I've learned quite a bit and am going to be looking into the laws in this area. I have a hard time seeing how a plow hitting a parked car isn't the fault of the plow, assuming the parked vehicle was visible (we had a storm a few years back where cars were abandoned on the roadside and so much snow fell that they got buried. Plows struck them because they had no clue there was a car in the giant lump of snow!).