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Insurance will not pay for damages?

So, I got into a car accident. Short version. I was on a straight stretch of road that had 2 lanes in each direction. I was in the left lane. A man in in F-150 in the right lane wanted into the left lane but was overlapping me. He did not wait, just signaled and began coming over. I had nowhere to go to so he hit me. Minor damage to the front right side of my vehicle and to the left rear side of his bed. So I figure it will be quick and easy. I found out a week later when i got the police report that he claimed he was 2 car lengths in front of me and made the lane change and then I gunned the gas, swerved into the oncoming traffic lane and hit him on the left rear side intentionally.

Because of the fact he lied, the police officer did not ticket him and his insurance company is refusing to pay for the damages to my vehicle. I'm very frustrated by this, by the fact he was not ticketed and the face that because he lied, I'm not getting my damaged repaired. I carry only liability and comprehensive on my vehicle, so my insurance company will not help. Is there anything i can do?

Update:

To clarify, I did not hit him in the back. He hit me with his left side near the back of his truck on my right side near the front of my vehicle.

9 Answers

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  • Todd C
    Lv 4
    7 years ago

    File against the other driver in small claims court. I doubt his story will hold up. What motivation would you have to speed up and ram the other person? Makes no sense. What _does_ make sense is that the points of impact to the two vehicle's support your version of the accident. No one can dispute that. A small claims judge will consider your version and think about who had a reason to switch lanes. The other person already admitted that he was changing lanes. So he moved into your lane. As mentioned above, his version makes no sense. If you were far enough behind him for him to safely change lanes then you could not have closed that gap so quickly as to his the _side_ of his truck and not rear end him. A person then just thought they would ram someone else? Why? That does not happen. So I think a judge would buy into your version as the points of impact support it and what you mention happens all of the time.

  • 7 years ago

    You're going to have a hard time with this. It wasn't just the cop who believed the other guy's story over yours, it was everybody. The cop, the other insurer, and even your insurer.

    If the other guy's insurer is denying that their client is liable, that means they're holding you responsible for the entire accident. It also means your insurer has probably accepted liability on your behalf (they can do that), and they did it based on the statements that were given.

    You can try to fight the decision in court, but your chances of success are slim at best. You'll be going up against two insurance companies, and insurers know how to cover their legal butts. They're used to being sued, in fact they deal with it every day (an insurance claim is a lawsuit), and they're going to be well prepared to defend their decision in court. But if you really feel that you've been wronged, a court of law is the only place to prove it.

  • lucy
    Lv 7
    7 years ago

    With both of you having side damages to the front and back, could imply that both of you are equally at fault, or that he did not verify that it was clear to change lanes. I see it all the time, people get impatient to change lanes, and "kinda" force themselves to merge either left/right, and the other driver will just try and not let them.

    Police do not determine fault, insurance companies do. But, in this case, at the scene, he told the officer that you hit the gas and "intentionally" tried to not let him into your lane. Normally, if he had not stated this, but later to his insurance company, then could have gone in your favor.

    So, if they denied your claim, then I suggest you have another talk with your insurance company. My guess, since they are saying you "intentionally" tried to not let him in, then they will be filing a claim on YOUR policy for his damages. Hopefully, your insurance company will believe you vs him.

  • bobby
    Lv 6
    7 years ago

    Situations like this can be hard to point fault. That is why I have a camera in my truck, if a accident like this ever happens, it is recorded with audio. Actually already have had to use it, got in a fender bender where the other driver made a false statement and was charged with such after police reviewed my video.

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  • 7 years ago

    First step, review the police accident report. If it isn't accurate you need to g oto the police and make them do an investigation of the accident.But you need to insist that they assign an accident specialist to investigate.hopefully the cop took pictures. Then you need to tell your insurance company to fight for you....last resort cllain a neck injury...you DID get whiplast and a mild concusion right? and get a lawyer....you will get your car fixed ANd some money for your injuries and doctor bills.

  • 7 years ago

    I would take the case up with your own insurance company. Regardless of fault, almost every policy will provide some sort of coverage above the deductible (usually $1,000 or less) on the car you drive regularly, depending on your policy, which you must satisfy per accident.

  • bob
    Lv 7
    7 years ago

    You hit him in the back, so it is your fault. Brakes would have been a good choice in that situation. Whether he lied or not, the situation would be the same.

  • Anonymous
    7 years ago

    Without collision coverage of your own, you are on your own. You can always try suing in small claims court.

  • Tony
    Lv 7
    7 years ago

    get a lawyer

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