Auto Insurance Claims: Sideswiped, the other partys insurance wont pay, side mirror, elderly parents

Question
Hi Richard,

Here's my situation.  I was sitting at the passenger side in the front when my boyfriend was driving.  It was pretty empty road, during daytime with sunlight.  It's a two lane road and we were driving on the left lane (our destination was on the left).  There was a mini van almost right by us in the right lane.  All of a sudden, without any signaling, the mini van hit into us and sideswiped my side.  The side mirror was snapped off and dangling.  The fender was also hit and the door would only open 3 inches.

(I am guessing the driver was trying to do a lane change but thought he was the only car on the road so did not even bother to signal or doing any head check)

We pulled off the the side of the road and I called the police.  Before the police arrived, the other driver apologized to my boyfriend.  But when the police came, he told the police he wasn't sure whether he drifted into our lane or we drifted into his.  He had an infant on board and two elderly parents who do not speak English and were unable to give statement to the police.

The other driver's insurance claim adjuster told my boyfriend that the other driver claimed that it was our fault that we drifted into his lane.  The adjuster also said he is still waiting for the police report (it's been almost a month already)

My boyfriend and I just picked up the police report and on the report I was listed as a witness and my statement.  However, the police wrote that both parties are giving conflicting stories.  It was also documented that the other driver's insurance card was expired so he got a ticket for that.

Sorry about the long post...  Here's my question, my boyfriend does not have the collision coverage on his insurance so (he said) he has to go through the other guy's insurance.  The estimate came out to be over $2000.  I can and am able to give play by play to the other driver's claim adjuster, including witnessing the collision, the other driver apologizing to my boyfriend.  Would that even help with the situation?  I mean, insurance companies get big by not paying and I don't want to give them the chance to wrong the victims.

Sorry my question is so long.  Your response is greatly appreciated.

Lisa

Answer
Hi Lisa,

This is basically going to be your (and your boyfriend's) word against the other drivers word. Be sure that your and your boyfriends statements to the other drivers insurance company adjuser are almost identical. Your statement will not count all that much. You will be considered tobe biased since you have a relationship with the driver. But, if you are both very strong in your statements that it was the other driver that drifted into you you may have a chance of winning. If you are not able to convince them that you were not at fault, you will be paying for your own damage and may have to get your insurance to pay for the other guys damage.

I hope this helps
Richard Hixenbaugh