I am not sure why you have not already contacted your insurance. That is what you have it for. This type of accident will not affect your rates. You have no claim at all against the land owner under the rules of law. If you have any claim at all your insurance company will go to his and attempt to have them pay the claim. Its call subrogation. They would also try and get your deductable back. However as I mentioned I don't think you have any claim at all so they will more then likely just pay to get your car fixed. Most insurance policies however require that you report all accidents within 24 hours. Since is seems you have not done that they may try and avoid paying anything. I would call them now and not wait any longer.

 

Have you talked to the property owner yet? I would first call your insurance company and see how they want to cover it, then call the property owner and ask him nicely if he would be willing to pay your deductable.

Stop saying, "It could have killed us." You can not sue anyone on the premis of what-ifs and it will do nothing but escalate the hostility in the case.

 

When something strikes your car - like a tree branch, or if your in Pennsylvania - a white tail deer - it is covered under your "comprehensive" coverage part of your policy, not under collision. You may have a deductible, but thats all. As for whether the property owner pays anything, its up to your insurance company to go after them, not you. You pay for coverage, you get it, regardless of the property owner in question.

In my own experience, I had the misfortue of hitting a dog - (a registared beagle) It was in the winter and the roads were bad. The owner had just left it out to relieve its kidneys, and it ran out onto the road - right in front of me!! I really felt bad and told the owner how sorry I was. I gave him my insurance Co. info and figured I would be paying for a dog. My insurance company called me to find out if any damage was done to my car. Turns out the dogs owner was responsible for keeping his dog off the street and they would recover any costs in repairing my car. Later the dog owner called me to let me know that "he wouldn't file any claim cause it really wasn't my fault". Nice guy. There was no damage, but it was an eye opener to the insurance business. Sometimes those heartless insurance agents do actually work for their commission. Oh yeah, and I garage my "S" in the winter, this was my daily driver - several years ago.