I few weeks ago I was driving home and a car ran into the back of my car. The police was called, an inicent report was taken but, the police said that he did not write an accident report. The damage was minimum to my car ($650 damage His insurance estimates) however, I was pretty shookup and I went to the emergency room ($1499 bill). I just got a letter from the insure's insurance (nationwide) that say they will not pay . The letter stated that insure told them that another car had hit his car that was why he ran into the back of my car. This is a complete lie since there was no other car even on the street. What do I do?
2007-02-19 09:37:33 · 11 answers · asked by Richgirl 3 in Cars & Transportation ➔ Insurance & Registration
If another car cause a you to rear end another who is responsible?
2007-02-19 10:18:36 · update #1
If they have proof (damage to the rear of their insured's vehicle for example) that the vehicle that hit you was rear-ended they are not at fault. It's the proximate cause you have to file against. If the accident was caused by the vehicle behind you being rear-ended then the vehicle behind you is not at fault. If that vehicle cannot be identified, then that's an uninsured motorist claim. See if you have that coverage with your carrier.
2007-02-19 10:57:14 · answer #1 · answered by Chris 5 · 2⤊ 0⤋
Ok.. unfortunately.... as much as everyone here is telling you to run get a lawyer... unless that lawyer saw the accident happenand can be a witness you are completely s.o.l. A lawyer will do nothing but lose you money in this case... they arent detective.. they cant prove someone is at fault.
The other drivers insurance has NO PROOF that he is lying. They cant pay out for damages when they have no proof (you wouldnt want your insurance to pay out on your policy just b/c a random person called in right?)
If you cannot find proof ( a police report with him cited / a unbiased third party witness) then the other guys story is just as valid as yours.
I suggest you call your insurance and file through them and let them do the dirty work with the other company. they MAY get the other party to put their driver at fault if perhaps theres no damage to the rear of their vehicle or something... but just be prepared that your probably out of luck.
It makes me laugh when people say that if you gather all this evidence or threaten an attorney that suddenly everything will change.... completely untrue. Insurance companies ARENT CROOKS- they just cant pay for what they cant prove. Thats like saying that if you call the police and said someone murdered someone but you had no proof that that person should be thrown in jail.. the police couldnt b/c they had no proof that the person is guilty. Its funny how quickly people start to act irrationally when in an accident and dont sit back and realize the big picture and realize that the whole world isnt out to get them.
**** EDIT ****
to answer your additional question... if a third car CAUSED that car behind you to rear end you (like he hadnt previously rear ended you or anything) then the third car in the very back would be responsible for both your damage as well as the other drivers damage.. alot of people on here will tell you that everyone is responsible for the car in front of them.. they are uneducated in car insurance obviously. So... if this third vehicle left.. basically you two are screwed unless you have uninsured motorist coverage which fills in where a hit and run drivers insurance would be
2007-02-19 17:59:38 · answer #2 · answered by la428282 6 · 2⤊ 0⤋
Call the police station of the deputy that came to the scene. There was an accident, you went to the hospital, it's their responsibility to have written a report. Get a copy of that report and ask the officer to write in that there was only two cars involved, not a third. Fax that letter over to the other persons insurance company and demand compensation.
2007-02-19 17:43:08 · answer #3 · answered by Jason h 2 · 2⤊ 0⤋
OK, First of all there has to be a accident report.Maybe they meant it was not ready yet but there has to be one.If not something is very,very wrong with the police officer for not doing one.Anytime someone runs into the back of you no matter what it is there fault.I would call the police station of the town that this happened in and demand to talk to his supervisor.Sounds like the cop is trying to protect someone other than you.Good Luck!
2007-02-19 17:45:00 · answer #4 · answered by Lisa M 3 · 1⤊ 0⤋
Get a copy of the incident report, as well as copies from all your bills that pertain to the accident. Call your insurance company and explain whats happening. If they give you the runaround, tell them you want to set up a face to face meeting. It may be a good idea to consult an attorney as well. Threatening with lawsuits are about the only ways to get insurance companies to pay up. Its terrible, but thats the way it goes. Insurance companies are crooks.
2007-02-19 17:43:50 · answer #5 · answered by BJackson07 2 · 0⤊ 1⤋
In order for you to get the insurance company to pay you have to PROVE there was no other vehicle involved. It's word vs. word....why would they believe you over their customer? Because you say they should? No...that's not how it works.
You have 2 choices, the first is take the guy to small claims court, the second is to have your insurance company handle your repairs and subrogate against the other insurance company.
2007-02-19 19:13:38 · answer #6 · answered by bundysmom 6 · 1⤊ 0⤋
Get a copy of the incident report.
Contact your insurance company.
2007-02-19 17:39:46 · answer #7 · answered by FCabanski 5 · 0⤊ 0⤋
get a lawyer like i did....U will end up on top at the end and probably wont owe thelawyer more than u get from the accident plus u wont owe the lawyer anything until u get paid
2007-02-19 17:40:51 · answer #8 · answered by Carlos 2 · 1⤊ 1⤋
SUE!! or just talk it out with that person
2007-02-19 17:40:34 · answer #9 · answered by Anonymous · 1⤊ 0⤋
call 1-800-call sam.i.c.b.s. sucks.
2007-02-19 17:40:02 · answer #10 · answered by Anonymous · 0⤊ 1⤋