I was involved in a rear end collision. I had stopped at a light and a lady rear ends me. She gave me all her information and went our own way. We did not call the cops to file a police report. I reported the accident to my insurance company for safety before contacting her. I informed my insurance company that she wants to pay me instead of dealing with her insurance company. I contacted her the next day because she wanted to pay me instead of going through her insurance. Long story short, I ended up filing a claim to her insurance. Unfortunately, she tells her insurance company that it was my fault and the accident happened in the parking lot. I backed up into her basically. What do I do in this situation. My back hurts. I have consulted a chiropractor and I will need a few sessions to fix my back. (This happened in San Diego, CA)
2007-10-31 13:03:27 · 12 answers · asked by Anonymous in Cars & Transportation ➔ Insurance & Registration
You should have called the police and had a police report done. In this instance you're own insurance company might have to foot the bill. You might try consulting with a lawyer but without the police report or reliable witnesses I doubt that you will get very far.
2007-10-31 13:08:27 · answer #1 · answered by wildeyes_heart_of_stone 3 · 0⤊ 0⤋
Well, you consult the chiro, and get the sessions to fix your back. Hopefully, your policy has a "medical payments" coverage limit to it that will cover that.
Then, you put the collision claim in under your carrier, get your damages fixed, and let your insurance company go after her, for the reimbursement. That's called, subrogation.
All an adjuster has to do is look at both cars. If your damage is to the center rear bumper, and hers is to the center front bumper, well, it's pretty clear she caused the accident by rearending you. Parking lot accidents have the damage on one side or the other, whichever way the backing up guy was turning.
Let the professionals handle this. HER insurance company HAS to take her side. Their duty of good faith is to HER, not YOU.
2007-10-31 15:08:58 · answer #2 · answered by Anonymous 7 · 0⤊ 0⤋
The only thing you can do is cooperate with the adjuster that is investigating the claim.
Since there are different versions of the accidents - the adjuster will get statements from both drivers, inspect both cars and talk to any witnesses.
Sometimes I can tell what really happened by the way the car's are damaged. it's not always the case - but I have paid claims against my insureds wishes because the damage to the cars supported the other guys version.
Neat thing about insurance policies - the insurance policy has language that says we have the right to investigate, deny or defend as we deem appropriate. That means my policyholder can't make me deny a claim that I believe we owe. Of course, I have to have the evidence to support my position.
2007-10-31 14:16:19 · answer #3 · answered by Boots 7 · 1⤊ 0⤋
absolutely nothing can be done. Tell me.. how do you plan to PROVE shes at fault here? Its word vs. word... if there are no witnesses and no police report.. there is no fault to be determined.
you need to go through your company and file through collision- you will owe your deductible. as far as you injury.. only treat if you really need it.. b/c if you dont have first party medical coverage... there carrier is NOT going to cover you.. it will end up beign your auto insuarnce or healthy insuarnce.
sorry.. take this as a lesson that you ALWAYS need a police report :-/
anyone who thinks a lawyer will change anything here has watched way too many ads on tv
2007-10-31 13:26:18 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Until proven other wise, the vehicle that hits you from the rear is at fault. Being that you contacted your insurance company the same day prior to her changing her story, let the your insurance company handle this.
2007-10-31 13:20:58 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Something similar happened to me a couple of years
ago. What I did was talk to a lawyer and got some free
advice. I won the case and sued the person for the
car damages and a few personal injuries.
2007-10-31 13:16:10 · answer #6 · answered by Angel 2 · 0⤊ 0⤋
i have been browsing the web more than four hours today looking for answers to the same question, and I haven't found any interesting discussion like this. It's pretty worth enough for me.
2016-08-26 05:06:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
There are two ways to handle this problem. First, let your insurance carrier handle it in its entirety. Second, see an attorney who specializes in accident work. Good luck!
2007-10-31 13:07:54 · answer #8 · answered by Kiffin # 1 6 · 0⤊ 1⤋
Well the first thing wrong is that you should have called police no matter what the person said. Its your word against hers now.
2007-10-31 13:08:42 · answer #9 · answered by Sharon L 1 · 1⤊ 0⤋
Always call the police, and always grab people passing by as witnesses.
2007-10-31 13:08:06 · answer #10 · answered by Anonymous · 2⤊ 0⤋