i got into an accident but it wasn't my fault and the other driver is lying what do i do?

Question

Ok so it was snowing pretty badly last month here in Utah and I was driving along and the driver to my right (was slightly ahead of me) and as I approached and began to slowly pull ahead of her on her left she switched lanes (while I was in her blind spot, at least that's all I can presume) and we pretty much hit side by side. I lost my right side mirror and she lost her left side mirror but her door was all jacked up too. So we pull over and call the highway patrol (we never spoke to each other) So he comes and tells us we're going to go over to mcdonalds at the next exit to fill out the report. So we fill out the reports and turn them into him and then he's like "You know she said YOU hit HER." ugh!!! So I asked him, "So what happens now if she's lying and there were no witnesses?" And he said that it will basically all come off of his report. So his report comes out ten days later and it's in my favor! Then I call her insurance company and they still won't pay! Help me. :o(

PART 2


Thank you for your answers. I didn't have enough room to finish elaborate on my first question but here goes the rest:

I talked to my insurance agent already (from Farmers Insurance) about what happened. He basically told me that he doesn't know what the hell to do about it. So he told me "There is no rush, your car is still drivable and I will find out and call you back." Yeah, that was a week ago. Another thing that complicates this entire situation is that my deductable is $750.00....BUT the repairs for my car (which is just the missing mirror) only costs $740.00 to fix. SOOOO my insurance agent totally doesn't know what to do because my repairs are less than deducatble! :o( it's just awful. So yeah your answers were all WONDERFUL. But this is the extra ball on the chain that keeps me from getting ANYWHERE with this! thanks a lot.

Tony

Answer 1

You're getting some lousy answers here, I'm afraid.

In insurance negligence parlance, this is called a "driver vs. driver" situation, or "word vs. word." At issue is who had right of way vs who changed lanes, which cannot be determined by the damages. The damages only prove how the cars met, not where they were on the road.

The police report is only a tool for the other carrier, and if their insured is vehmently insisiting it's not her fault, they're obligated to believe her.

If your damages are under your deductible, your insurance company cannot handle this for you, unfortunately.

Keep a log. Keep a file with the following: Your estimate, your car photos, the police report, any and all paperwork received from either insurance company.

Call the other insurance company. Tell them you want a liability decision in writing or a reason for the delay in writing. Follow up your conversation with a letter. Save all names and dates.

They may deny you, and if so, it has to be in writing. If that happens, call your local magistrate or district justice ASAP. Talk to the clerk - they're usually wonderful - and explain you need to file small claims againt the other driver (NOT the insurance company) for this accident and ask them how to go about it.

When you file and list your damages, make sure you ask for rental for repair time (total labor repair hours divided by 5 = days to repair x reasonable $ figure for a daily compact car, assume 25-30$ a day.) Also make sure you add in the court courts.

Then you get your day in court and a judge gets to decide who's telling the truth. Bring all of your documentation and be the calm, cool, collected and PREPARED one.

If you win, her insurance company will pay.

This situation always stinks, I'm afraid. And it happens all the time. Glad everyone's ok.

Answer 2

You have to PROVE the other driver is lying, and without hidden video or a witness, you're swimming upstream.

Your adjuster at Farmers must be new. Here's the process:

IF your damages are over your deductible, even if it's by 1 cent, and Farmers pays towards the repairs of your car, they have assumed YOUR subrogation rights, meaning, you have transferred your right (if you will) to sue the other person over to Farmers. They will proceed with the subrogation process, where the ask the other driver or their insurance for reimbursement of ALL monies paid (your deductible included). If the other carrier denies liability, Farmers can proceed to arbitration, where an independent 3rd party reviews Farmers evidence and the other person's evidence and makes a decision. Farmers could win or lose, it all depends on the strength of their evidence.

As an arbitrator when I'm reviewing these cases I side with whoever presents the strongest case. But it comes down to the statements and who is more credible and who's version is most likely accurate given the evidence.

IF your damages are below your deductible, you are responsible for your damages and proceed to small claims (but I wouldn't go there until after the repairs are done). However once the repairs start your FINAL estimate may be higher than your deductible....if that happens, re-read what I just wrote.

Answer 3

The insurance company will investigate, but won't make a decision based solely on the police report, which is the problem you're having now. It's a driver vs. driver dispute and they've decided that the police report is not enough to pay off of. So your choice really is to file a small claims court suit since you can't get your insurance to pay for it due to your deductible. That is, of course, if you've already called the adjuster's supervisor or manager for a better explanation. Otherwise eat it. That's a shame, but very, very common.

Answer 4

I've been through the same nightmare. Her insurance company is just playing hard ball with you. They figure you'll either give up or not know what you CAN do. Call them again (and write everything down, who you spoke to, date, time, #, etc.) and tell them you demand to know the status of your claim. If they still do nothing, then you can file the claim with YOUR insurance, tell them you were not at fault, they will want your statement over the phone (they'll record it) and a copy of the police report (at least you have that!). They will pay for your repairs minus your deductible and then THEY go after her insurance company. They're relentless too! If it's not your fault, it will NOT count against you. The only thing you have to lose by filing through your company is that if you have a large deductible, well, then that's out of your pocket up front. They will collect the total from her insurance company and/or HER! In my case, the guy that rear ended us had let his insurance expire. So, they didn't want to comment and just kept giving us the runaround. In the end, our insurance fixed our car and they went after him for the payments INCLUDING our $1,000 deductible. We got every dime. Good luck and I hope this helps!

Answer 5

You're screwed. In most states, insurance status doesn't matter in determining fault. So, you should look up your state laws (or ask a lawyer) to see if your state has a law that says if you have no insurance and are in an accident, you're automatically at fault. If your state has such a law, you are responsible for their damages. If not, it's your word against hers regarding who had the green light and without witnesses, it'll be impossible to determine. So, if you are sued, it'll likely result in 50/50 fault. And depending on state laws, if your state law says you must be 51% fault for the other party to collect, you won't have to pay anything. If your state law says at least 50% fault to collect, which would mean you would pay 50% of their damages and they will pay 50% of yours.

Answer 6

My advice would be to file a claim with your own insurance company, but its Farmers. When you call them to file a claim if its not your fault they tell you to call other persons insurance. But still I would recommend filing with Farmers, and see if the adj from there can give you any options about seeking reimbursement from the clmt's insurance. Most likely they will not want to file a claim because the damage is less than your ded. But if the police report says that the other person is at fault then her company has to honor that, and take the claim from you.. U can always appeal it if they say no again, otherwise contact the insurance commissioners office in your state, and let them know the situation. It is a tough situation because the damage is less than you ded, and even if was right at your ded amt, then even if you filed with farmers, and they subrogated against the other insurance company its not a guarantee they will be able to get your ded back..

Answer 7

The only correct answer is ohso_quiets. Her insurance company is going to believe the story that she is telling them just like yours would believe you. You will have to take this to small claims court. Make sure you have pictures, 2-3 estimates and keep calm.

Answer 8

Request that your insurance company adjuster do a recreative investigation based upon the damage of the cars. I had a swoop and stop happen to me in Portland, OR by some freaking illegals. I had my insurance company recreate the accident that showed they were at fault and the other company had to pay.

the illegals ended up with a crushed Thunderbird for their troubles. I hope they were deported

Answer 9

It will be decided in court. His report is only his opinion and it doesn't mean much since he is just taking her and your word. Hopefully you have insurance. It is normal for them not to want to pay. Your insurance company should take care of it. You may have to sue her.

Answer 10

Ask the other driver and her insurance company if they are willing to take a lie detector test. Your only other option: sue the other driver in small claims court. The District Justice usually finds in favor of the person paying the filing fee.