Auto Insurance Claims: Auto accident claim rejected by other party, paint loss, impact area


Question
I recently got into an accident while changing lane &  other party hit my car on front passenger door.I was moving  from left lane to middle lane & the other car was trying to get into middle lane from the right lane. I was the first one to approach the middle lane & never saw the other car approaching when I decided to move to the middle lane. Now the other party's insurence is rejecting my claim stating that I have made an improper lane change colliding with the other car. My analysis is that major portion of my car's front door ( severe dent) was damaged while the other party's impact area was only smaller portion on the left front bumper( just some paint loss). This indicates who was the first one to approach the middle lane based on the impact area of the car. Since  the other party has rejected my claim & doesn't want to pay anything, I would like to know what would be my next step in this process since I only have liability insurence. I will really appreciate if you can take the time to analysis this issue & provide me a response

Answer
Hi Iftekhar,

This is a very dificult situation, since I am not able to hear the story of the other driver. Without witnesses it will be hard to prove your case.

The only option here is for you to file a law suit against the other driver. You will then present your case to the judge and if you are more convincing than the other driver then you may win your case. If the judge finds it hard to make a decision he/she may decide that the fault is equal and find 50/50 liability. In that case you would pay half of the other drivers damage and they would pay half of yours.

I hope this helps
Richard Hixenbaugh