Why should I fill out a accident report? Long post. - PeachParts Mercedes-Benz Forum

nh500sl · #1 09-09-2006, 12:29 AM

I have a summer job working for a auction company in my town. We pickup, deliver, store and aution cars. Today, we went to pick up a car that was being surenderd on a bankruptcy. As usual their was someone driving the car, that was being picked up, (my self) and the van driver, the individual who drives the drivers around to pick up the cars/ pick up the drivers after delievering the cars.

I picked up this mazda 626 today and got about about a block away form the , and found that the transmission had issues. I pulled over, and the van driver who was behind be did to. I told him I was not sure about the transmission and that it should be towed. He said naw, just see how far you can get it.

Well, I got another couple of blocks to the freeway and the car got worse I pulled the car off the road as much as possible and put the e flashers on. I told the Van driver that their was no way the car would make it back and that the car would have to be towed. He called in to the office and had a tow truck come pick it up. Meanwhile we went back out to pick up more cars. We got back to the shop at about 4:15. I was approached by the manager saying that I needed to fill out a accident report, becase the car that I has left on the side of the road, had been hit and I was the last person driving it.

Well I did everything that I could. They said that the accident reprot was important for a paper trail. Well I really don't wan't this on my record, and don't see why I should fill it out since I was not driving the car, at the scene of the accident, or causing the accident in anyway.

If I turn in a accident report for this will this hurt me, if I go shop for insurance? I have a clean record, and quite frankly, I would be damned to have something like this scare it. What should I do? Thanks

#2 09-09-2006, 12:52 AM

I wouldn't sign anything or talk with you employer about this matter further until you talk to someone else about this. The manager wants you to fill out the accident report for his well being, not yours. What does the van driver have to say? Is he in a position of authority? Will he sign a affidavit saying that he refused to let you park the car when you wanted to? If someone else hit the car, I'm sure the police were called and the driver of the car that hit the Mazda had to fill out a report. I would try to get a copy of that also. Be carefull, because your company may try to make you liable for the car since according to your boss you were the last person driving it.

Jim B. · #3 09-09-2006, 02:49 AM

Do you think it could be possible the boss is trying to pin the crash liability on you, and not have a claim on his policy?

I can only speculate here, but I would think the auction company's Insurance policy would be what controls, not some insurance policy on your personal vehicle.

A rough guess would suggest that you were an agent of the auction company, and so long as you were acting within the scope of your employment when this happened, which is what it sounds like to me, the auction company's insurance should cover it (damage to the Mazda)

I'd further speculate that if the car broke down, and you called for help, put the flashers off and got it out of the way of traffic, (but was it completely off the road or partly in traffic lanes)?

I'd be hard pressed to see you as negligent, because you did everything you could to act reasonably and responsibly. What else could you have done?

As to damage to the vehicle, or claimed injury,if any, to people in the car that hit the auction vehicle, that is a separate issue, and the driver of the other car could be at fault, especially if he was inattentive, drunk or impaired.

G-Benz · #4 09-09-2006, 08:05 AM

I have been in a few incidences with company vehicles. Filling out an accident report is normally not a big deal, just standard procedure for records on the claim in the company insurance policy. The car getting hit while on the side of the road is not an incriminating moving violation, and won't show as one on your record. And unless your boss is asking for your personal insurance info, not likely trying to pin anything on you.

Most likely, the offender didn't stick around, so the company's insurance will have to eat the cost of repair. The insurance company will more likely have a case to pay the claim if they have proof from someone that the incident actually occured and was not pre-existing damage.

But if you aren't sure, ask questions...it's wise to not sign anything you aren't sure of.

#5 09-09-2006, 12:42 PM

Call the police and have THEM do an accident report and take pictures.

If you legally parked the car completely off the main roadway and somebody was aware where it was to come get it, there should be little to hurt you. The one in trouble would be the one that HIT the car and ran.

nh500sl · #6 09-12-2006, 12:57 AM

I was in doubt about what to do. With this, I contacted DMV here in Oregon, and I was told given the situation, that I do not need to fill out an accident report, and they would just through it out. I thanked the employee and got her name for reference.

I went to work this morning and told what I learned to my boss. She said, well I don't think so. I told her to call them for verification. She did and talked to someone else who confirmed what I had just said. While she was getting the same explanation that the first lady gave me, she kept saying I really want to have him fill it out. She got off the phone and said that I was right but still wanted me to fill it out despite talking to the traffic authoity.

I told her that she had consistant and indipendent information that this was okay. She said that she was go to make her boss say that I would have to fill it out.

A few hours later, I met with her agains with her boss. I told the boss the story. the boss said that I was kind of right, mean while my supervisor was flamiong at her to get rid of me. Her boss was then trying to make her sign it, and I told her about trying to protect my driving record and I was not anywhere around the car when it was parked.

She said that her last offer would be if I just wrote on a piece of paper the whole story and signed it. That was okay for me, as it won't hurt my driving record, and it was the right thing to do. The rest of the day, my supervisor kept saying watch it,. you are going to loose your licience...I don't get it, she had proof from DMV twice that I was in the right by not filling out the report. I'm so glad this day is over!

#7 09-12-2006, 01:33 AM

I hate to be a conspiracy theorist, but....

I wonder what they are going to do with the paper you signed, hold it over your head perhaps? What I would be scared of is the employers insurance company coming after you for the "loss". Forget everything else.

Maroon 300D · #8 09-12-2006, 10:59 AM

I'm with you, there was no reason to fill anything out. You weren't even there for the accident, so how would you have any pertinent info.?

It's unclear to me why your supervisor is so dead-set against signing the report herself. It's a little fishy....she must think she could get into some type of trouble, but it's unlcear what.

I doubt the insurance company will come after you. They would have to prove the car was parked illegally, I think, and it doesn't sound lke they would be able to do that.

EricSilver · #9 09-12-2006, 02:33 PM

Quote:

Originally Posted by John Holmes III

I hate to be a conspiracy theorist, but....

What I would be scared of is the employers insurance company coming after you for the "loss". Forget everything else.

THis will likely happen. The Auction company's Insurer will pay any damages, then they will "Subrogate" -- come after you or your insurance -- to reimburse them.

However, the Auction firm must have liability insurance that covers you against that, just like a car dealer does if you are in an accident during a test drive. Ask them about it.

Nothing to worry about.