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?
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?