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I'm found at fault when other driver is 100% at fault


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#1 estilod

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Posted 18 October 2012 - 03:54 PM

I was stopped behind the crosswalk at a left turn light. A woman driving from my right making a left hand turn into the lane next to me overturned and ran straight into my vehicle. My air bags deployed and my car is totaled. There was no witness at the accident.

The woman lied and fabricated a witness. I was found at fault by the other drivers insurance, while my insurance is still investigating. I need to prove my case to have my car fixed because i only have liability insurance. I was told by her insurance that they have made their final desicion and will not be changing it.

I have photos that I believe clearly prove my innocence, but her insurance will not budge. How can justice be served here? Do I need to take this woman to small claims?

And I take both her and the witness to court? How would I do that?

Thank you

#2 adjusterjack

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Posted 19 October 2012 - 06:41 AM

I was stopped behind the crosswalk at a left turn light. A woman driving from my right making a left hand turn into the lane next to me overturned and ran straight into my vehicle. My air bags deployed and my car is totaled. There was no witness at the accident.

The woman lied and fabricated a witness. I was found at fault by the other drivers insurance, while my insurance is still investigating. I need to prove my case to have my car fixed because i only have liability insurance. I was told by her insurance that they have made their final desicion and will not be changing it.

I have photos that I believe clearly prove my innocence, but her insurance will not budge. How can justice be served here? Do I need to take this woman to small claims?


Yes.



And I take both her and the witness to court? How would I do that?

Thank you


You would sue the driver and subpoena the witness.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 pg1067

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Posted 19 October 2012 - 07:12 AM

There was no witness at the accident.


There were at least two witnesses: you and the other driver.


The woman lied


To whom?


How can justice be served here? Do I need to take this woman to small claims?


Yes (as long as the value of your vehicle (which must be less than the cost to repair it since you said your car was "totalled") was less than the small claims court limit in your state).


And I take both her and the witness to court?


No. You sue the other driver and subpoena the alleged witness to testify.


How would I do that?


Specifics obviously depend on the laws of your unidentified state and local procedural rules.

#4 Fallen

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Posted 19 October 2012 - 08:41 AM

It doesn't matter what her insurance company says, and I gather there's no police report.

I say let your insurance company do its job; that's why you have insurance.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#5 pg1067

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Posted 19 October 2012 - 09:45 AM

It doesn't matter what her insurance company says, and I gather there's no police report.


And if there were a police report, you'd probably correctly tell the poster that it doesn't matter what the police report says.


I say let your insurance company do its job; that's why you have insurance.


The poster said he/she "only ha[s] liability insurance," so the poster's insurer no "job" to do here unless the other driver has made or makes a claim against the poster's insurance (which appears not to have happened).




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