QUESTION
Is there anyway to win a he said she said auto claim?
Asked on Jul 24th, 2012 on Automobile Accidents - Nebraska
More details to this question:
My brother and I were hit by a driver on the interstate. No witnesses stopped, and the other driver lied about what happened, she said we merged lanes and hit her, when we were not moving sideways or intending to and were hit from the back right side. Both insurance companies "investigated" (talked to both drivers) and the police report only says each of our stories, nothing else was done, no one even looked at the damage. The result is that I am left to pay my deductible with my insurance to get my car fixed. What options do I have? I don't feel it's fair that I should have to pay my deductible and my insurance go up when I was driving as perfect as someone could and that the other driver lied about the whole situation.
1 ANSWER
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If the other person's insurance company will not pay you then your only option is to file suit and let a judge or jury decide who was at fault for the accident. You would present evidence and testimony supporting your version of what occurred. More than likely, the insurance company for the at-fault driver will hire an attorney to defend the other driver in the lawsuit. The other driver, if he or she wants to, can counter-sue you for his or her damages. If that occurs, your insurance company, which you should notify immediately, would have someone defend you against the other driver's claim. You may want to consult with an attorney to discuss your rights and the legal process. Most accident attorney offer a free consultation so it will not cost you anything to get more information.
Answered on Aug 15th, 2012 at 3:12 PM