we were in an apartment complax behing 3 cars sitting at a stop sign a guy was in his parking space, and saw the other 2 cars go ahead of us and he backed out and hit the front drivers side bumper, my boyfriend beeped his horn 4 times but couldnt back up quick enough bc he drives a stick. the guy got out and so did we and we all traded info and we told him not to leave and he was fighting wtih my boyfriend so we called our insurance filled a claim and called his to. the guy from his insurance came out to look at the damage, and then called back today and said the guy who hit us is denying that he did, and she basically said that in the state of va you have to have a witness other than the one who was in your car, and that if thats true then there going to deny my boyfriends claim and he will have to egt his car fixed and pay for it himself!
is there anyhting we can do?
p.s if it helps we live in va!
2007-12-21 07:52:54 · 10 answers · asked by ii love him xo 4 in Cars & Transportation ➔ Insurance & Registration
If he was backing, and hit you, he is at fault. Ask your own insurance company for assistance, and if they won't help you, you will have to take this person to small claims court to collect your losses.
Also tell his insurance company that since he clearly backed into you, he is at fault and you intend to take it further.
2007-12-21 09:23:59 · answer #1 · answered by oklatom 7 · 0⤊ 0⤋
If the other driver is denying that he was involved in an accident - he's saying he never hit your car - and his car has no damage to it - his insurance company is in a situation where it's word vs word. Why should they believe your boyfriends word over the guy who pays premium to them?
You need to file a claim with your company. If you have collision coverage they will pay for the damage to your car (less your deductible). They may choose to try and recover from the other company.
You can sue the other driver in small claims court. But you will still have to prove that he hit your boyfriends car. Otherwise - judge has the same problem - why should your boyfriend's word be taken and the other driver disregarded. Also be aware - the other drivers insurance company will hire an attorney to defend him (it's in the policy - they have to do so).
Think about it - if all someone had to do to get paid was claim you hit them.....I could go to the mall - write down any tag number from any car and claim that person hit my car and caused damage.- the other car owner would deny it - but according to your theory - my word is more important than theirs and I should get paid. But since that is not how it works - when the other driver denied hitting my car and I could not prove it- I would not get paid.
2007-12-21 09:54:22 · answer #2 · answered by Boots 7 · 1⤊ 0⤋
If his company denies the claim your bf can file a claim on his own policy and get his vehicle fixed (or pay out of pocket to fix it if he chooses - this will prevent his insurance premium from going up). The statement about witnesses is true. Your witness cannot be someone that was in the vehicle with either party at the time of accident...it has to be a third party. Chances are, since there are no witnesses and no police report, your bf will be responsible for his own repairs, and the other guy will be responsible for repairing the damage to his own vehicle.
2007-12-21 08:05:51 · answer #3 · answered by Beth 4 · 0⤊ 0⤋
Hi I live in the uk and I had a truck hit my car and drive off I had no real witnesses but I had legal protection insurance a few solicitors letters and 12 months later I got paid out it is often cheaper to insurance companies to pay out than involve a lawyer and go to court If you have the means then use the police and keep going it is a long hard battle but I got paid and I was better off in the long run
good luck happy xmas?
2007-12-21 08:06:11 · answer #4 · answered by Anonymous · 0⤊ 0⤋
get a lawyer and always always call the cops because I got screwed in a situation in DC I got a lawyer and went after the guy. He lied to the judge and the judge got pissed because they guy was a moron and denied even being at the scene, and the judge was like how did they have your info if you weren't there. Just get a lawyer and get a new insurance company. What a bunch of assholes.
2016-05-25 08:14:12 · answer #5 · answered by garnet 3 · 0⤊ 0⤋
not really. anyone can call an insurance company and say "your insured hit my car!" We live in a world where insurance fraud is prevalent.
Therefore, there has to be PROOF that their insured hit your car. and no.. damages alone arent proof. tons of cars haev damage.
Proof is usually a police report (why didnt you get one?!) Or an independent witness.
Yes, it really sucks that theres bad people in this world.. karma will get em. but you have to understand why the company cant pay. like i said.. anyone could call and say "your insured hit my car"
2007-12-21 08:14:26 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You should qualify as a witness, if needed. In general, though, you should always call the local police when anything like this happens - they can prepare a report on the scene, and can provide additional testimony if needed.
2007-12-21 08:31:00 · answer #7 · answered by Spartacus! 7 · 1⤊ 1⤋
you should have called the cops and had a report filed. also, most cell phones have cameras now a days, and boy they can be handy for these things. file it under your policy. your company will pay for your damages, and if they feel the other person is liable, they will try to subrogate back to his company for repayment.
2007-12-21 08:24:39 · answer #8 · answered by Queen B 6 · 0⤊ 0⤋
You'll have to sue the guy in small claims court for your damages.
2007-12-21 08:27:49 · answer #9 · answered by Anonymous 7 · 0⤊ 0⤋
if he says he didn't do it and you saw him do it your boyfriend and some of his friends should pay him a visit!!!!
2007-12-21 08:12:35 · answer #10 · answered by Dustpanman 1 · 0⤊ 0⤋