estilod

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

5 posts in this topic

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

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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.

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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.

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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.

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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 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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