Question:
i opened a claim with his insurance co. because otherwise, i would have to pay a deductable. a brief recount of what happened: i was in my right lane. the other guy was getting honked at from behind by another driver and panicked, as he later told me. he wasn't sure whether he could continue on the road and thought he had to pull into the right lane. unfortunately, i was already in that lane and there was no time/room to stop. so i wound up with a busted front bumper and he had some paint damage. he was clearly at fault. but after i gave my sworn statement over the phone, the claims adjuster told me the other driver claimed that HE was in the right lane and that i was supposedly on some road shoulder (i'm not even sure there is a shoulder -- i plan to investigate)....but this guy is flat out lying. my suspicion is that if it comes down to he-said, she-said, his insurance company will side with him.
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any ideas?
Answers:
Fight, fight, fight!! I had a girl that rear-ended me and the ONLY damage was a screw mark on my rear bumper. First she left the scene of the accident, then when she finally stopped she looked at the front of her car only (importance will be clear in a moment) got back in and left (after exchanging info). Since there was no damage to her car and a tiny screw mark (that went nicely with the other damage on the bumper from a previous accident - the paint color was different so it was obvious. Other than that damage there was no other damage in the areas of my car that would match up with her story) I figured I would never hear from her again. Later that day I got a call from my insurance co!! She was claiming that I HIT her, first I rear-ended her and then I went around and hit her in the front of her car, oh yeah and I scratched the side of her car. She was also claiming that she was severely injured!! She even went as far as to get a lawyer, fortunately everyone, including HER insurance co and the police saw through her story! I told my co that I would not let her get away with blaming me and that I would do whatever was necessary.
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You can fight, tell your ins co that YOU WILL not accept an at fault on you. If you need too (although you shouldn't need too because your insurance company should fight for you) get a lawyer.
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To the person below who thinks that getting a lawyer wouldn't do any good: You make ME laugh. You sound SO smart!.....Whatever! Get the facts before you speak... If his insurance company decides that he is at fault a lawyer can help him fight it.
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If the insurance starts to jerk you around...get a lawyer.My husband got in a small car accident. Now she wants us to rent her a car ?
What does the police report say about the accident? That will be the controlling document, because they will have seen where both cars were, and the exact spot the accident took place and will note if you were on the shoulder or the right hand lane and where the point of impact was. They may also say which party was to blame. Did the other person perhaps get a ticket for unsafe lane change? If so that will also help your case. Based on that written evidence, why would his insurance company side with him?What if your car doesn't have insurance and you get into a accident and its not your fault?
It sounds like the other party has some experience with claims. If it does come down to he said/she said and the insurance company can find no witnesses or evidence to support your story then probably the best you can hope for is for your insurance to dig in and fight. Which brings me to my next point -- you really should file with your own company. If it goes your way they will recover the deductible and refund it to you. The best invention in years for this situation is a camera phone. Photos of your car in the proper lane with debris on the road while waiting for the police to arrive would help a lot right now.How much would I pay for motorcycle insurance in Hawaii?
Your suspicions are correct. If it comes down to word vs. word the other drivers insurance company will definately side with him. You look especially bad in this situation as the damage is your front bumper to his rear bumper. Did you file a police report at the scene? if not, take this as a lesson. If you are lucky an adjuster may do a scene investigation to confirm no shoulder but odds are slim to none you will be put at fault by his company. Suck it up, go through your own company, and let them go after the other insurance company for your deductible.if i let my boss drive MY car and we were in a accident !?
and btw.. what is with people saying to get a lawyer? what the heck is a lawyer going to do in this situation? people crack me up...
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