Car Accident! She's lying! Help!!?

Question

I was in an accident gave my version to my insurance and the other party involved. She refussed to give her version to my insurance. I was in a right hand turning only lane. Se was in the only other lane to go straight stopped in traffic. I was going about 30MPH and as soon as I got inches from her she decides to change lanes, we hit . I hit her right passenger door and my car is damaged on the driver side.So my question is this, she is saying I was trying to overtake her car. I am not sure what she means. I was told by both insurance companies that she was "A weird Lady". Her insurance Co. told me that it sounds like she was at fault but needed to take pictures and get her statment. Well now it looks as if neither Insurance Co. is budging. Mine is sticking to my story and her insurance is sticking to her story. What can I do to get my car fixed I have liability only. I need her insurance to pay for my damages. Looking at the pictures its clear to see how the impact occur

So she is weird becuase I aske dt exchange info 3 times. When she finally agreed she swore she already gave it to me and asked to look in my car for it.

I unfortunatly didnt do it. I live in teh Bay area where traffic sucks and if there are no injuries they will not take a report. But I still do regret not calling the police.

Answer 1

who got the ticket? I would continue to let the insurance company handle the situation....I was involved in an accident and was in the far right lane and an elderly man was stopped for the light for the left turning lane and he decided he was going right came across 3 lanes or traffic and I hit their van going 55 and flipped it, thank God we only had minor injuries and witnesses. you ins does not want to pay the claim so they will fight the other company until the matter is resolved. good luck!!!

Answer 2

Depends on which state you purchased the car from. In the State of California on the sales contract it says that in the event of problem arises you must contact the dealership first to atempt to work out the problem before seeking an attorney. If this is a reputable dealer as you stated earlier maybe the sales manager or general manager will take back the car and sell you another one to save face. Most likely they will not cancel the sale. It also depends on how the car was damaged. An accident report by Carfax just states it has been in an accident, but not what kind of accident. If the vehicle has frame damage that shows up on the registration as a salvage title then you have a something to really gripe about. I feel that the salesman could have made an honest mistake. He was probably trained to know that every used car in the dealership has a Carfax report inside that states how good his inventory is. The used car manager that purchased the vehicle or the sales manager that took the vehicle in on trade made a mistake adn tried to cover it up or was plain lazy in the fact of reviewing the vehicle report. I would drive the car to the dealership and talk to the sales manager or general manager and see what they can work out for you. Don't call them first. See if you can get more detailed information on how the vehicle was damaged. And when explaining the situation try to be sweet and diplomatic first. Save the anger for later if this doesn't work out. Reasonable parties usually get this handled without going to arbitration.

Answer 3

Unfortunately, your pictures will only show how the cars met, not who changed lanes. If you don't have collision coverage, your insurance company can't handle this for you, they can only offer advice.

In a case like this, it's "story vs story" or "driver vs driver" and both insurance companies are legally obligated to protect their insured's version.

Look in the blue government pages of your phone book and file with the local District Justice or Magistrate against the other party (not her insurance company). The clerks who answer the phone can usually walk you through the process. Make sure you have pictures, at least one good estimate of repair (2-3 would be better), a scene diagram (and photos of the scene!) as to how you say it happened, and anything else that might help you.

A judge, unlike an insurance adjuster, can decide who he or she thinks is lying. Make sure you ask for your damages, rental for repair time (get an estimate on days to repair and x $25/day or so for repair time) plus your court costs.

If you win at the DJ/Magistrate, her carrier will honor the award.

Good luck!

Answer 4

Why did you not go to the police? You should have filed a police report to document your side of the story. You should try and get a police report filed now, so at least you have your story legally documented. Also, if it happened on a busy street, there may have been a traffic camera that has it all on tape, so you should contact the police. This woman may have also been in other accidents, and I'm sure the police can look up if there have been other similar complaints against her. If so, you can take that as proof of a pattern of lies and deceit to the insurance company.

Answer 5

She's saying you tried to go around her and get into her lane and hit her. This is word vs. word. If there are no witnesses, don't expect her insurance company to pay for your damages. They will side with her as long as the evidence does not go against her. Right now, all they have is your version, her's and the damages. The damages will probably support either version- which means your claim will be denied. Your insurance will probably deny her if she makes a claim against you. With liability only, unless you file a civil action in small claims (and there's no guarantee there either) you will not get paid voluntarily by her carrier.

If the vehicle damage weighs heavily on either side that is the person who will prevail.

Answer 6

The insurace companies are pretty good at determining fault regardless of the lies told by the people involved. Was an accident report taken by the local police? Were there any other witnesses. It doesn't sound like either insurance company is buying her side of the story, so unless her insurance company is not going to pay for your losses, don't worry about it.

Answer 7

If you didn't get a police report (and I know sometimes they don't respond to fender benders), you may be out of luck. Call and ask if you can file a report.

Your insurance company has no interest other than avoiding paying for liability. They don't care about damage to your car.

Answer 8

Again, her insurance isn't the one paying. If the accident is her fault, and it sounds like it is, she is responsible to pay, and then it's between her and her insurance if she gets reimbursed for that money. If your insurance won't assist you going after her for damages, you may need to seek legal advice, which will cost, but when the other party is found at fault they will have to pay your court costs and reasonable attorney's fees. Good luck with it.

Answer 9

Actually, you probably don't need an attorney at this point, it will cost you too much money. Just continue to call your insurance company, it's really between them. Also, try calling her insurance company. Just be persistent, it will work out.

Answer 10

Definately get an attorney, but you made a huge mistake by not calling the police, they issue a ticket to the person at fault, so the insurance companies couldn't deny it.. GOod Luck...