| Same thing happened to me. Their insurance said did you brake, did you honk horn, why did you not move out of way? Became a he said she said we both at fault and each paid out own deductible |
They always lie - even if they admit fault. I was hit from the side. I was going straight and the person turned into the back of my car. Then they created a story. My insurance fought it and won. They see this stuff every day. Go get a dash cam for next time. |
| Sadly, I have learned that the police in the DC area will not write up a report unless one of the drivers is injured, and without a report, it is your word against the other driver's. My own insurance tells me to never admit fault or risk denial of coverage even in cases of clear fault, like re-ending another car, so I am sure that other insurance companies have similar policies. So now, if I am involved in an accident, I will tell the police that I have neck/back pain and force them to write a report. |
Sue the other insured, and then demand indemnity if they counter sue. Make them fund both sides |
I’d be furious if I was driving along safely, someone sideswiped me, and then I was asked why I didn’t get out of the way. OP, what is the other driver’s story? Is he claiming you were changing lanes? Speeding up to prevent him from merging? |
It’s actually a legitimate legal defense. If you can get out of the way, you should. Being “right” can cost you a lot of time and money. |
Have you seen police reports? They often don’t determine fault. All you get is each persons story. |
| If your car is fairly new, inquire about a diminished value claim as well. |
Good luck with that since driver is not admitting fault. BTW I had same exact accident other driver claimed I was at fault as I would not let him merge. He apologized at scene but changed his mind as was not his car and sure the owner was not taking fault. My car still is a bit mangled three months later. |
This precise thing happened to me years ago when I had a brand new audi. Had not even made first month's car payment on it when a woman in a huge mercedes SUV apparently decided she needed to exit two lanes over IMMEDIATELY and thought the quickest way there was directly through my car. Based on the damage, I immediately realized that she could just as easily have said I came into her lane - the damage to both cars was along the sides. Luckily she told the truth. But while I waited for her to get in touch with her insurance company for an entire week, the stress of it caused me to immediately order a dash cam. I now have had dash cams in all my and my wife's cars ever since. It's really not hard to install, you can do it yourself in about an hour tops |
| PSA Never drive on a highway on the right side of an 18 wheeler tractor trailer truck. |
Are you kidding? If you are going to get into an accident without serious injury, a commercial vehicle with a driver who would make a terrible witness is the best you can hope for. |
Except you wouldn’t be alive to tell the story! I’m sorry OP. Been there and it sucks. Unfortunately insurance is awful and depending on who you get you may have to pay deductible. |
| OP- the 2 insurance companies will enter into arbitration (if you're carrier wants to fight the denial), they each pick 1 and the third is at random. 2/3 determines who pays. That's it. So if the case is as clean as you say, likely arbitration will go your way. |
This is in the DMV area BTW. |