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I was rear ended by a woman 2 weeks ago. She apparently claims that I
was backing up and ran into her. In reality I was waiting to paralell
park, not moving at all, waiting until she and others went around me.
But she never went around. Her SUV slammed on her breaks about 10 feet
before she hit me. But she's making this false claim anyway, even
saying that the police believe me and not her becuase I'm american and
she's not.
So her insurance has investigated all this, including my witness who
says I was not moving. But she won't budge and her insurance is
offering less than 100% of the due money since they say I'm partially
responsible (which I think is odd, because if what she says really
happened, it would be all my fault woulnd't it? It's like a reduced
price based on reduced "reality").
Not only will I not accept this offer (my other option is to go thru
my insurance with collision coverage), but I would like to see her get
into trouble for lying. She's lying to the police, she's delayed this
whole investigation for at least a week longer than normal becuase
she's contested it, and she's also making a false insurance claim
(isn't that illegal?) What can I do? Can I report insurance fraud
somewhere? Do I just call the local police, as if they would really
care?
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Fear,
Have you notified your insurer of the accident? Why aren't they handling
these negotiations on your behalf? I think that the police will not get
involved in this accident which is a civil matter. You're allowing your
anger over her "lying" to get in the way of fixing your car.
Good luck,
Dave M.
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I'll get my car fixed either way. Both insurance companies have looked
into it. Her's says I'm 20% responsible, mine says I'm 0% responsible.
I guess I'll get most everything I can in the end, it's just troubling
to know that she can lie and to some degree get away with it.
"David Martel" <marte005@earthlink.net> wrote in message news:<v2c7d.319$Vm1.233@newsread3.news.atl.earthlink.net>...
Fear,
Have you notified your insurer of the accident? Why aren't they handling
these negotiations on your behalf? I think that the police will not get
involved in this accident which is a civil matter. You're allowing your
anger over her "lying" to get in the way of fixing your car.
Good luck,
Dave M.
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fear wrote:
I would like to see her get
into trouble for lying. She's lying to the police
Lying is only illegal if done under oath, or to a Federal law
inforcement officer.
Lying to state police or your insurance company is not a crime, but may
be a contract violation (if you are lying to your own insurance company)
and the insurance company can sue the policyholder for money lost due to
their lies.
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Her insurance company are just trying to save themselves 20% of the payout.
Ask them how a stationary car can be held responsibly for anything aside
from being stationary!
I'll get my car fixed either way. Both insurance companies have looked
into it. Her's says I'm 20% responsible, mine says I'm 0% responsible.
I guess I'll get most everything I can in the end, it's just troubling
to know that she can lie and to some degree get away with it.
"David Martel" <marte005@earthlink.net> wrote in message
news:<v2c7d.319$Vm1.233@newsread3.news.atl.earthlink.net>...
Fear,
Have you notified your insurer of the accident? Why aren't they
handling
these negotiations on your behalf? I think that the police will not get
involved in this accident which is a civil matter. You're allowing your
anger over her "lying" to get in the way of fixing your car.
Good luck,
Dave M.
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gregf@kcls.org (fear) wrote in message news:<ceb367c.0409301412.5cbc6dcb@posting.google.com>...
So her insurance has investigated all this, including my witness who
says I was not moving. But she won't budge and her insurance is
offering less than 100% of the due money since they say I'm partially
responsible (which I think is odd, because if what she says really
happened, it would be all my fault woulnd't it? It's like a reduced
price based on reduced "reality").
Is your witness an independent witness, or someone you know or have a
relationship with? That's pretty strong evidence.
Did your taillights break? If the lights broke, there are tests they
can do on them to determine if the lights were on at the time of the
impact or not. So they would know if your backup lights were on or
off when your car was hit. Now, if you were stopped, and did not have
the car in reverse, and the lights were broken - they can tell that
the lights were off.
If the car was in reverse, even if you weren't backing up, I wouldn't
recommend the test, it won't show if the car was in motion, obviously
- but if you know you weren't in reverse gear, it'll bolster your
position.
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My witness is independent and I haven't even talked to her myself
since the accident. But she didn't really see everything, just heard
the screetching of tired, not the kind of sound you hear when someone
is backing up into someone and hitting them. As far as my tail lights,
I was in reverse, not moving, but in reverse with my foot on the
breaks.
More than anything I'm just worried about my insurance going up. No
matter which company I settle with, they will try to come after my
company for the %20 liability, and who know what the arbitrator will
decide. But it seems out of my hands really. And the police already
screwed up their report, I found out they said that I was backing up,
even though I never told them that. But they did give her a ticket and
not me. Thanks men in blue, I guess.
happened, it would be all my fault woulnd't it? It's like a reduced
price based on reduced "reality").
Is your witness an independent witness, or someone you know or have a
relationship with? That's pretty strong evidence.
Did your taillights break? If the lights broke, there are tests they
can do on them to determine if the lights were on at the time of the
impact or not. So they would know if your backup lights were on or
off when your car was hit. Now, if you were stopped, and did not have
the car in reverse, and the lights were broken - they can tell that
the lights were off.
If the car was in reverse, even if you weren't backing up, I wouldn't
recommend the test, it won't show if the car was in motion, obviously
- but if you know you weren't in reverse gear, it'll bolster your
position.
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