I was in an accident recently where I hit a child that ran in the street from between an ice cream truck and a parked car. I was told by the officer that I was not at fault in the accident. When I contact my insurance company I was told that this is consider "failure to control my vehicle". I want to know if this will go on my motor vehicle record?
I was not speeding, the truck was not your typical 'MR. SOFTEE" truck, it was just a van painted white, with bright colors on it that sold ice cream. I was not speeding, I was not being reckless, I was relaxed and calm , at no time did I feel the car was out of my control
There were no witnesses because no one was paying attention to this child. It was several minutes before anyone came up to the child, and the people who did come up did not even realize that she had been hit by a car.
They tried to make her stand up while I was at my car calling 911.
I was driving at most 20 miles per hour and as soon as I got even with the truck she darted out in front of me. My right side of my car hit the left side of her body. I immediately put on my brakes, but I still wound up knocking her several feet in front of my vehicle.
When the paramedics arrived I told them what had happened and they told me none of her injuries were life threatening. What I could see was that her nose was bleeding, and that she had a large abrasion on the side of her face.
The point of impact on her body was on her right side on the area between her shoulder and her hip.
So, will this count against me on my driving record? This occurred in PA.

If you were not cited, it will not be a part of your motor vehicle record.

I would call the insurance company back and ask them for clarification of their designation.

As for your driving record I doubt seriously if that will be affected. What you NEED to get is a copy of the police report. The officer that responded should have given you an incident number that you can use to get a copy of the official report.

However, based on your saying you were not given a ticket or summons of any kind there is nothing to go against your driving record. From what I know, the only things that go against that record are convictions for traffic law violations. From your description, you did not violate any such laws.

I'm wondering if the ice cream vendor was cited? Sounds like he was operating an unlicensed and unsafe vending vehicle. I know in NYS such vendors need to be licensed and need to have safety equipment similar to shool buses like a caution or stop sign to indicate they are serving customers. I'm also curious where the child's parents were. Sounds like they may have been negligent depending on the age of the child.

If this helps any, I once hit a boy on a bike who shot out from the traffic piled in the left turn lane. I was going about forty mph. He went down in front of my car and I was traumatized so badly I couldn't get out of the car afterwards. I was sure I had killed or at least seriously injured him. He rolled under my car and stopped between my lane and the lane to my right, miraculously unscathed. I slammed on the breaks (as did the car next to me) and I impacted the steering wheel (before airbags). The cops came and pulled me out of my car, white faced.

I was not cited. The cops gave the boy a juvenile ticket. His parents were hopping mad at the kid and when I offered to replace the totally mangled bike, they politely declined, reporting to me how their child had numerous "incidents" on his record and wasn't getting another bike ever.

However, my insurance was later used, unbeknownest to me, to pay a claim that I was never contacted about. And the odd thing was I didn't even recall giving my insurance information out! I felt totally ripped off.

Contact your agent, and start asking questions.

Hello, your insurance company can and will pay or settle claims they way they wish without your permission. Even if you were not found at fault by the police criminal and civil liaibility are two different things.
( think OJ, and his trial, not guilty of crime but found guilty in civil court.

So what happens, if you did not get a ticket from the police then you will not have a record on your DMV. If the insurance company decides that they would rather pay a settlement instead of fighting it in court ( and they normally will if the settlement is not very high)

From their point of view, no witness, your word against a small child with photos of them all brused up. So it may be possible if the child's family asks for medical expenses plus some, they will pay.
This does not show up on the police record, but would be available from the insurance company records if other insurance companies check up on you. ( they have their own system of checking on drivers)

** I may suggest if you have an injured person, making them "stand" is not the most wise choice, normally allowing them to lay down and wait on medcial professional is best. ( opinion from first responder training)

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Originally Posted by valinors_sorrow

However, my insurance was later used, unbeknownest to me, to pay a claim that I was never contacted about. And the odd thing was I didnt even recall giving my insurance information out! I felt totally ripped off.

Contact your agent, and start asking questions.

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In most states, insurance is required to register a vehicle. Therefore your insurance coverage is a matter of record, that would not be too hard to get.

What most likely happened, is the kids parents put in a claim to their insurance company. Their company then contacted your company and worked out a settlement. This is not unusual, but you should have, at least, been contacted if only out of courtesy. I would think about switching insurers.

To all that responded, thank you very much for your input. I spoke with an insurance person and they basically told me the same things you all told me.
I think the worst part of this is that there really was nothing that I could have done, but I will still be considered a bad driver, it will still be on my insurance record, and I will still have to pay.
This child should have been monitored, the ice cream truck was most likely unlicensed ( I don't know what the laws about that in Pa are).
I am lucky, the child could have been seriously injured, so that's one good thing. I just don't really like to have to take responsibility for other people's negligence, and I do feel that leaving a child unsupervised after dark or any time for that matter, at an ice cream truck, to be negligent. I mean seriously, it was several minutes before anyone showed up to even ask what had happened to the child. I know that it is difficult to be a parent, and to keep you kids from doing stuff like this, but it was 9:30 at night, this is like a no-brainer.
Anyway, thanks to all who responded, I guess I just wanted to vent.
You have a good day!!