My wife and I were traveling in Mississippi and a driver of a F-150 Pickup truck rear ended me at greater than 60 miles per hour. My speed was much slower and the driver claimed that I cut him off causing the accident. He never made that statement to me yet he later told the police officer to that I was at fault.

He struck me from behind and there was no reason for doing so. It was absolutely impossible for me to cut him off since he was directly behind me.

Usaa insurance (his carrier) informed my insurance company that they were denying the claim for medical injuries and auto damage because their clients claims that it was my fault. This individual was speeding and no where in sight until he struck me and knocked by car clear of the ground further up to traffic. He and his insurace company are not cooperating because I'm a resident of Tennessee and he is a resident of Mississippi. It is unfair that I should have to be injuried and my car damaged while a driver who clearly know that the accident was his fault continues to withhold the fact of his careless driving and pretend to bear no fault. What remedy would you employ.

Rear ending is always the rear ending driver's fault.
(And you are right about cutting him off being ludicrous.)
Insurance companies often deny claims until your insurer fights it. What does yours say? Yes, you may have to sue, but you pay for your insurance partly to fight other insurers. You are supposed to contact your company, not his.

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Originally Posted by rescuelife

It is unfair that I should have to be injuried and my car damaged while a driver who clearly know that the accident was his fault continues to withhold the fact of his careless driving and pretend to bear no fault. What remedy would you employ.

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Welcome to the real world. Insurance carriers don't want to pay claims, so they will fight doing so. Drivers don't want to admit fault so they lie to keep their insurance premiums from going up.

But you have an insurance carrier so basically you let them handle it. They will pay your medical bills and your car repairs (less your deductible, which should be all you pay out of pocket). They will then sue USAA to reimburse them for what they have paid. If they recover you will get your deductible back.

If you want to file suit yourself to recover your deductible, do so. But you will need more than your word. So you get a copy of the police report. The police report is not gospel and it will depend on whether the police observed things like skid marks etc. Once you get the police report, I would consult an attorney who can advise is you can win a case or not. Otherwise just let your insurer handle it.

I would have been surprised if they paid it without denying it first.

So assuming you have full coverage on your car, you go to your insurance company who will pay all of your bills and they sue the other driver on your behalf.

If not, you hire an attorney to sue the other people in court.

YOU do not at this point talk to their insurance company or the other driver, only talk to your insurance and/or your attorney

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Originally Posted by rescuelife

My wife and I were traveling in Mississippi and a driver of a F-150 Pickup truck rear ended me at greater than 60 miles per hour. My speed was much slower and the driver claimed that I cut him off causing the accident. He never made that statement to me yet he later told the police officer to that I was at fault.

He struck me from behind and there was no reason for doing so. It was absolutely impossible for me to cut him off since he was directly behind me.

Usaa insurance (his carrier) informed my insurance company that they were denying the claim for medical injuries and auto damage because their clients claims that it was my fault. This individual was speeding and no where in sight until he struck me and knocked by car clear of the ground further upto traffic. He and his insurace company are not cooperating because I'm a resident of Tennessee and he is a resident of Mississippi. It is unfair that I should have to be injuried and my car damaged while a driver who clearly know that the accident was his fault continues to withhold the fact of his careless driving and pretend to bear no fault. What remedy would you employ.

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I'm a liability investigator in NY. Sorry, but I rear ender is not always the fault of the driver who did the rear ending. I've investigated drivers who have slammed on their brakes to turn (suddenly there's the street they're looking for!), shot into the next lane directly in front of someone who did not have time to stop, all sorts of scenarios. One accident that sticks in my mind is a young woman who is paraplegic - the car ahead of her suddenly swerved into her lane in a 65 mph zone. She rear ended him - and now she's paraplegic.

My interest in this statement IF I were representing the interests of the vehicle that did the hitting is the OP never saw the pick up until it struck him - not one second before, not two seconds before. An Attorney is going to claim inattention on the part of the OP. I know how these things go when an insurance company is trying to get out from under - OP never saw the other driver but knows the other driver was speeding. Insurance companies LOVE statements along these lines. I'm NOT saying that makes OP responsible; I am saying it's something for an insurance company to hang its hat on. That's why people should not give comprehensive statements to insurance companies OR get "chatty" with them.

Were you injured? Who paid for the damage to your vehicle?

I agree with everyone - get all the paperwork. Are witnesses listed? I'd let your company handle this. If you don't want to do that, hire an Attorney. The problem is going to be the two States involved - but that's not an impossible situation.