short version: slow hit ~5mph, hit in rear on highway. Car has been hit in the side previously (which may have something to do with the brake issue?) Had to pull off with emergency break as car breaks weren't working correctly after impact. The guy who hit us didn't have license or insurance on him- but the cop never checked for that. Cop refused to write report because he didn't see damage to bumpers. We have the license plate and the guys name and have contacted the company he was renting the car from to file a claim.
Long version:
Yesterday we were rear ended by an army service man without his license in a rental car. He did not have his license on him. My husband pulled off, using the emergency brakes since our brakes were not functioning correctly. He thinks there was damage to the car -the frame, brakes. He, DH, mentioned that our brakes are not working after the accident. At first we are talking with the guy who hit us, and we get a picture of his military ID, he admits he doesn't have his license on him. We ask for his insurance, he says hes in a rental...and goes to check the car. The guys mom (who was in a separate vehicle) starts "why you brakes not working"...and getting pretty loud. My husband says hes not a mechanic, doesn't know and basically refuses to talk to them anymore.So information is not exchanged as we wait for the trooper. The trooper arrives and talks with them first and comes up saying he's going to give us a ticket for unsafe driving? We have no idea what is going on at that point. We were not driving this car with non functioning brakes- which I guess is what the trooper thought happened. Our brakes stopped working properly after being hit, when we were trying to pull off. So trooper doesn't give us a ticket. (I have no idea if he gave one to the guy who hit us). Trooper refused to make a report, he doesn't see damage to their bumper, and our bumper looks okay. My husband starts arguing with the trooper (the trunk no longer opens smoothly, etc). Trooper says between insurance and he will have no part of it, and dh basically keeps trying to get him to write a report. On the third time- I tell DH its fine, we'll have insurance deal with it. DH snaps out of it and explains he under the impression that without a report we couldn't claim any damages. Trooper clarified again and the situation defuses a bit.
Part of the confusion is because the minivan had been previously hit on the side. That dent has deformed a different way after the hit, we point this out. But they cant tell what was there previous and what is there now and the cop said back hit- bumpers fine anything else is irrelevant. DH looked under the car and thought certain portions were bent. It may have crunched if the last accident dented the frame- weakening it so it wasn't as strong when hit from the back? I don't know if the guy rear ending us is culpable for causing new damage or if it can be argued the vehicle was already unsound? The vehicle had been checked by an adjuster for the last accident. They gave us a check for the repairs- but that was worth more than the car was- so we opted not to repair it. My DH regrets this- I still think that was a fine choice, it just complicated matters yesterday. At the very least, that old check paid the value of the car anyways- so I guess we are square even if this doesn't get resolved with insurance for this accident. Because of this previous issue- I don't know if we will be able to recover any damages from this rear ending. Can anyone weigh in on that?
The cop didn't end up taking down information because he wasn't going to write a report. We ended up not having that guys insurance because between all the arguing on other stuff- it didn't get covered. We should have kicked up a fuss here- for all the information. In hindsight, that is quite obvious- under the circumstances, we were pretty shaken up and didn't realize it had been missed. We had expected the cop to get that information and the other car ended up being uncooperative. DH called for a tow truck to take our car to a shop because he doesn't think our vehicle is safe to drive. So to figure out the insurance stuff, I called the rental company this morning and let them know that we had been rear ended by one of their vehicles- the license number and name of driver and gave the local office where it was rented our claim number- but they have to wait till the car is returned to do all that. I hope that will be enough that we will get his insurance and be able to deal with this. He did not use their insurance but whatever his private policy is. Have I taken all the steps I need to here? I feel like an idiot right now.
I feel like we will have to fight insurance for anything and I don't know how strong our claims are to know if its even worth doing. The only other thing I have thought to do is call the friendly adjuster who looked at our car for the last accident and ask his advice and if he can weigh whether or not this is worth pursuing. I feel like he would know since that's his business. My DH wants to call a lawyer that deals with this- I don't know what that costs, and I am reluctant to do so if we don't have a leg to stand on.
Feeling lost. Please advise. Gentleness would be appreciated- we already feel plenty berated and stupid over the whole thing.