What to do when car wreck is disputed?

nwrigley

Senior member
Jun 19, 2005
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I was making a left hand turn off of a road and into the entrance of my apartment complex yesterday, when a man turned left out of the exit side of the same entrance and plowed into my drivers' side rear wheel. At the scene, he was very apologetic and saying that his insurance would take care of it.

Flash forward to today and after calling his insurance company several times, I find out that he is claiming that I hit him. I'm not sure how I would go about hitting the front of his car with the side of my car, but it sounds like a neat trick. Especially since he was pulling out of a parking lot and turning into the lane that I had been occupying.

Anyway, needless to say, I am pissed. He was taking responsibility at the scene, so I know he isn't confused about what happened and is lying. I have some lower back pain now (which I saw a doctor for) and I think it's probably a simple strain, but you can never be sure. At this point I'm assuming that once his insurance company sees both of our cars they will decide that it is obviously his fault and claim liability.

The problem is that until that happens, the only way I get a replacement car (as mine had the wheel pushed up into the frame and is not drivable) is to pay for a rental out of pocket. So, now my weekend is shot because I'm in pain, can't drive anywhere, and am stressing out about this. At this point I'm thinking about suing him regardless of whether his insurance company accepts liability or not. I take it personally when someone lies in an attempt to screw me over.

I really don't know how any of this works though. Can I take him to small claims court and sue him directly for my lost time and stress?
 

natto fire

Diamond Member
Jan 4, 2000
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I don't get it. You got in a wreck that damaged your car as to make it undriveable, but you did not call the police? If you both left the scene of an accident, his insurance company will just go with his word because it is cheaper. I would talk to your insurance company if you haven't already.
 

crab

Diamond Member
Jan 29, 2001
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People trust complete strangers way too much. Next time, call the police and cover your own ass.
 

QED

Diamond Member
Dec 16, 2005
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Are you in a no-fault state? If so, it doesn't matter what he claims or you claim.

In any case, call your insurance company ASAP-- as in RIGHT NOW!


Like Captain Howdy said, his insurance company will try to disclaim as much responsibility as possible (on his behalf). Against them alone you will lose. By bringing your insurance company into the mix, they will try to disclaim as much responsibiilty as possible (on your behalf)-- and what will eventually happen is the insurance companies will haggle over how much fault lies with you, and how much fault lies with the other driver.

 

nwrigley

Senior member
Jun 19, 2005
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I called the police at the scene. I have the field report, but the accident report won't be available until Monday or Tuesday. There's no way I don't call the police when there is an accident.

Sorry for not specifying that before, I'm a little off mentally at the moment.
 

Kelemvor

Lifer
May 23, 2002
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Did the police at least make notes as to what happened and who was at fault and things like that?
 

nwrigley

Senior member
Jun 19, 2005
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Originally posted by: QED

Are you in a no-fault state? If so, it doesn't matter what he claims or you claim.

In any case, call your insurance company ASAP-- as in RIGHT NOW!


Like Captain Howdy said, his insurance company will try to disclaim as much responsibility as possible (on his behalf). Against them alone you will lose. By bringing your insurance company into the mix, they will try to disclaim as much responsibiilty as possible (on your behalf)-- and what will eventually happen is the insurance companies will haggle over how much fault lies with you, and how much fault lies with the other driver.

I've spoken to both my insurance agency and his several times. My insurance agent told me it is best to wait to see if his insurance claims liability before they get involved. Basically, if they end up fighting over it, I would have to pay my deductible and would be reimbursed once the case is settled based on how much they were able to get. She said that she has seen it take up to 3 years (worse case scenario) for a person to get their money back.
 

nwrigley

Senior member
Jun 19, 2005
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Originally posted by: Kelemvor
Did the police at least make notes as to what happened and who was at fault and things like that?

There are no notes on the field report. I was told that I can get a copy of the accident report from the police station for $5. Apparently all of those reports are a matter of public record and anyone can request one.
 

1sikbITCH

Diamond Member
Jan 3, 2001
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You need a lawyer. Many times people do not need a lawyer, in your case, you do. This guy is obviously preparing to file a claim against your insurance company, and you will have to do the same.

Whatever you do, do NOT give a recorded statement to that guy's insurance company. You have to give one to your own insurance company, but I'd wait until I had my lawyer in on a conference call before doing that.
 

nwrigley

Senior member
Jun 19, 2005
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Originally posted by: 1sikbITCH
You need a lawyer. Many times people do not need a lawyer, in your case, you do. This guy is obviously preparing to file a claim against your insurance company, and you will have to do the same.

Whatever you do, do NOT give a recorded statement to that guy's insurance company. You have to give one to your own insurance company, but I'd wait until I had my lawyer in on a conference call before doing that.

I already gave a statement to his insurance company (Geiko), my insurance agent (State Farm) told me to. My understanding is that my insurance company would get a lawyer on my behalf. I do think I will call a lawyer to test the waters - ask some questions about my options.
 

crab

Diamond Member
Jan 29, 2001
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Originally posted by: nwrigley
I called the police at the scene. I have the field report, but the accident report won't be available until Monday or Tuesday. There's no way I don't call the police when there is an accident.

Sorry for not specifying that before, I'm a little off mentally at the moment.

Cool...sorry to be so stern, but I just think its so silly not to. What was his (the cop's) take on the whole thing?
 

1sikbITCH

Diamond Member
Jan 3, 2001
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Your insurance company will get a lawyer to go to court when the other driver sues you and they will sue the other driver to recoup any money they put out to fix your car.

Your insurance company will not sue the other driver for your bodily injuries. You need to get your own lawyer to do that.
 

nwrigley

Senior member
Jun 19, 2005
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I wasn't going to get into this before, but here it goes:

Funny thing is that when he handed me his insurance card I looked at it for a second and I'm looking at the active date of the policy: 9/21/07. I had to take a pause for a moment and yep, sure enough, it was that day (day of the accident). Then he tells me that he just bought his car yesterday for $500 (old Geo) and he hadn't had a car for several years. I can only guess that means he hasn't driven for several years, because it certainly seemed like it. The guy was looking right as he turned left - I was looking straight at him and he never even saw me. If he had swerved at all or hit his brakes he probably would have missed me, but instead he accelerated through me.
 

nwrigley

Senior member
Jun 19, 2005
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Originally posted by: 1sikbITCH
Your insurance company will not sue the other driver for your bodily injuries. You need to get your own lawyer to do that.

Ok, that's what I wasn't sure of. At this point, I think it's going to just be a slight back strain that goes away on its own in a week. I only went to a doctor to cover my own ass in case it doesn't.
 

nwrigley

Senior member
Jun 19, 2005
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Originally posted by: crab
Cool...sorry to be so stern, but I just think its so silly not to. What was his (the cop's) take on the whole thing?

No problem, I agreed with everything you wrote, it is silly to not call the police.

I thought the cop behaved oddly, he didn't really say anything to me about his impression of what happened or anything like that. When I asked him about the report he said he would submit what both of us said - that was it, he gave no further explanation. I've never been in an accident like this before, so I wasn't really sure what to expect from the cop. He spoke to each of us in turn, so I didn't hear any of what the other guy said to him.
 

mugs

Lifer
Apr 29, 2003
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Originally posted by: QED

Are you in a no-fault state? If so, it doesn't matter what he claims or you claim.

In any case, call your insurance company ASAP-- as in RIGHT NOW!


Like Captain Howdy said, his insurance company will try to disclaim as much responsibility as possible (on his behalf). Against them alone you will lose. By bringing your insurance company into the mix, they will try to disclaim as much responsibiilty as possible (on your behalf)-- and what will eventually happen is the insurance companies will haggle over how much fault lies with you, and how much fault lies with the other driver.

Most (or all?) no-fault states are only no-fault with regard to personal injuries.
 

RalphTheCow

Senior member
Sep 14, 2000
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I already gave a statement to his insurance company (Geiko), my insurance agent (State Farm) told me to. My understanding is that my insurance company would get a lawyer on my behalf. I do think I will call a lawyer to test the waters - ask some questions about my options.
There's your problem. They are denying me a claim also after their insured rear ended my daughter. Unfortunately she didn't call the cops so they are denying it was their insured. I will NEVER use or trust that insurance company.