Accident report?

Question

In an accident report can the other driver change it's story after the acc. report was filed and state no fault after he stated to the police that he in fact hit me while switching lanes?
His insurance company is claiming no-fault after the driver clearly hit me while driving his truck when he switched lanes. Nothing happened to me but now i'm stuck with paying my deductible and it wasn't even my fault. Can he do that? Can he just change a story and his insurance company go by what he says even though the accident report from the police is stating that he in fact hit me. Please answer. I'm confused is my first accident.

Answer 1

There are several things you can do.

First, order a copy of the Accident Report asap.

Second, contact your own auto insurer, and see if they can assist you in negotiating with the other party's auto insurance. Mention to your insurance that the Accident Report in your possession clearly establishes that the other party is at fault. Insurance companies are good at negotiating between each other who is at fault. Hopefully, by then your situation is resolved. But, in case it is not here is what you should do next.

Go to your local county court and meet with their free legal assistance so as to get educated on how to file a claim in small claims court. They will educate you on how to draft a demand letter requesting payment to cover your damages in the next two weeks or you will pursue your rights in court. In your case, they may well recommend you go after both the driver and their insurer.

I went through a similar situation. I ended up sending the most professional and sceariest demand letter to the guilty party. I stated that if he did not pay by the due date, I would see him in court and I would subpoena the officer who wrote the Accident Report. This was to avoid any bs testimony in court by himself or friends. I indicated that a court judgment would hurt his DMV record, insurance record, and credit record.

Two days after I sent the letter, I got an extremely apologetic call from his insurer who treated me with velvet gloves. The insurer agreed immediately to cover the full cost of the repair and the cost of a rental car during that time. Things could not have worked better.

Remember, the sword is in your hand. It is the Accident Report. Also, remember you really don't want to go to court. But, you want to scear the other party that it would be most embarassing for them and hurtful to their civil records to go to court. You can't achieve that by being nice. You have to be threatening with all the might of the law that is on your side. It is difficult for some of us to do that. But, sometimes we just got to.

If you need any clarifications, you are welcome to contact me through "Answer."

Answer 2

You might want to check what your state regulations are. For instance, I know FL is a no fault state so each person is responsible for their deductible. As stated in a previous answer, your insurance company should be able to fight to get your deductible payment from their insurance company, after the fact.

Answer 3

They can change their story all they want, but that report is still out there. If your insurance company want go after the person, then take them to small claims court.

Answer 4

Go 2 the police station 2 report it whether u r n da wrong or not.

Answer 5

If you are only paying the deductible on your insurance, then it sounds like your ins. co. is subrogating your claim. That means that they will fight the other ins.co. and if they prevail, you will get your deductible refunded. Check with your co. and verify the subrogation to be sure.

Answer 6

was he in a semi truck? or a pick-up truck? since i wasnt there to see the accident but i would almost guess that it was a semi truck and you over powered the lane! just my opinion.

Answer 7

yes they can change their story. Its up to you to prove they changed it.