Auto Insurance Claims: Hit & Run Accident 12/5/07, independent witness, small claims court

Question
QUESTION: Hi, I just want to give you a little back ground on this situation.

I was involved in a hit and run on 12/5 that was not my fault and immediately reported the accident to my insurance and the other driver's insurance. I was able to get the other vehicles tag # so the sheriff got all of their information from that.

I only carry state minimum so I have to go through the other party to get my damages fixed. I have been fighting with this company for over a month and finally got a call today (1/08/08).

The adjuster stated they finally got ahold of their insured and that he had a independent witness and both of their statements were different from mine. They both stated that I left the scene of the accident which was not true. I am the one that had the Exchange of Information that I received from the sheriff at the time of the accident. The accident clearly states that their insured: Hit $ Ran, Improper Lane Change and Fled The Scene. She also stated that he has now filed a claim (after a month of them trying to reach him) which I'm not sure how he can do that?

The adjuster said that she now has to put the insured and the witnesses statement into transcript and that she would get back to me. I asked her if I should just take him to court since she sounded like the claim on my end was going to be denied, and she stated if that's what I wanted to do it would be fine and they would represent their insured.

Their insured is now coming up with a witness 30+ days later that is not listed on the Exchange of Information or the Crash Report. I think it would be really hard to have a witness when you left the scene of an accident.

Will this "witness" be allowed to testify in court?

Thank You,
Angela

ANSWER: Hi Angela,
When you file your claim, it will be against the other driver and in small claims court.
Yes, the 'witness' will be able to testify.  He will be informed that he is testifying under penalty of perjury and exactly what those penalties will be should he lie while testyfing.
Bennie

---------- FOLLOW-UP ----------

QUESTION: I just spoke with the adjuster today and she has stated that they are waiting for their insured to send them pictures (he told the adjuster there was no damage). The adjuster also told me that she told their insured to contact the Sheriff that came to the scene so he could file his own police report with his side of the story.


Will their insured actually be able to file his own police report regarding this accident when he was already listed on the report the sheriff made at the time of the accident as a hit & run? I contacted the sheriff's office and was told with the accident happening back on 12/5/07 that it would now be to late.

I was also told by the adjuster that my accident report is just here say and that it would not hold up in court, is this true? The sheriff told me that that's a lie, the police report is a legal document and the judge would most likely side with the report and that the insurance company is just trying to get out of paying the claim.

I would just like to know what you think about this?

Thank You,
Angela

Answer
Hi Angela,
Based on the wording of your first question, it appears that you made a police report without a statement from the other party, so, yes, he would have a right to tell his side of the story in a police report.
This sounds like something that the two insurance companies will have to 'battle out'.
Bennie