Auto Insurance Claims: Other driver backed into me but lied about it., Other driver backed into me but lied about it.

Question
was behind another car who backed into me. The driver did not want to call the police but I insisted. When the police arrived, they lied and said I rear-ended them. I told my side to the officer but the report was written that I hit him. No ticket was issued because it was private property. The damage to my vehicle was minor. I wanted to file a claim with the other party's insurance because I was not at fault. I have a high deductible and my insurance company is acting as if I just need to pay for the damages out of pocket. Do I have any recourse? Why should I have to pay to repair my car when he hit me? The other driver was arrested and has numerous other arrests and traffic violations which is probably to reason they did not want me to call the police. I have been driving over 20 years and have never filed a claim. So I'm not someone who is just trying to get over. I just think -- right is right.

Answer
Hello Allison,

I am very sorry to hear about your situation. The issue here is that fault really is not what actually happened, but what you can prove happened. It’s a problem of evidence. If have a police report against you (the police wrote it as it was your fault) and the other party claims it was your fault, you have a very difficult threshold. You must show either with independent witness or a video recording (private parking lots often have video surveillance) that this is not your fault.

You are 100% right, sometimes it is a matter of principle. Your arguments about the other driver’s driving record and your own record will probably not be allowed into evidence. They are not directly related to the accident. Fault is a product of negligence, and these arguments fault short on the negligence element of causation. For more information on causation, please see:

http://www.auto-insurance-claim-advice.com/Fault-for-the-Accident.html

I hope this helps,
Anne
http://www.quirogalawoffice.com/