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ScarletMyth

other party denying accident occurred

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I live in Arizona. I was in a minor collision recently. I was turning left onto the street the other vehicle was already traveling on. I had stopped in mid turn because the sun was in my eyes and the other car hit me. I have minor damage to the right rear of my vehicle. No one was hurt. We exchanged insurance info but neither of us felt like waiting for the police and so the cops didn't come and there is no accident report. I filed a claim with the other party's insurance company about a month later. But the other party is denying that there ever was an accident now and since I don't have a police report their insurance company doesn't want to pay. What can I do?

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First off, not terribly clear that this was the other person's fault, but perhaps you left a lot out of the story.

"What can I do?"

I have a difficult time believing that you don't know you can sue this person for the damage.

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Under the facts as you described them, it would appear likely that you were the one at fault, not the other driver. It's up to you, as the one pulling into the street to be sure that the lanes are free of oncoming vehicles before pulling out into the street to make your turn. This assumes, of course, that there wasn't anything like a stop light or stop sign that would have obligated the other car to stop before where you were making the turn.

In any event, the other guy's insurance company has no obligation to pay you even if it was his fault unless a court says the other guy is liable to you. Thus, if the insurance company won't pay, what you'd have to do is sue the other driver. But it's your burden to prove the accident occurred, and if state law required that you report the accident to the police the and you didn't, the obvious inference will be that the accident didn't take place. Unless you had other evidence to overcome that, you may have a tough time winning on that.

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I'm sure you can do thousands of things.

I'm not sure what you want to do since it sounds like this accident was your fault. However, if don't think that's the case, and if the other driver's insurer won't pay your claim, your recourse obviously is to sue the other driver.

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First of all, I am aware I can sue an individual. I find it hard to believe that this would get me anywhere, i.e. that a judgment would be made in my favor, when the other party is denying the accident occurred at all. How can I prove it did?

Also, since the other party denies this happened, that implies that I have made a fraudulent claim. Could I actually be charged with a crime because of this?

[This post has been moved to the appropriate discussion. - Moderator]

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ScarletMyth said...

How can I prove it did?

You've provided no context here, but the way to prove anything is with evidence. Since you referred to an accident, I would assume you can offer competent testimony that an accident occurred and regarding the details of the accident. I would also assume there is physical evidence, including the vehicles themselves and/or photographs of the damage.

ScarletMyth said...

Also, since the other party denies this happened, that implies that I have made a fraudulent claim. Could I actually be charged with a crime because of this?

In the abstract, virtually anything could happen.

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