[bridge1987]

I was involved in a fender bender wherein a 18 wheeler scratched the left back side of my car. I had just merged into the lane and traffic was not moving after that. Suddenly the 18 wheeler moved forward and made a dent in the rear left side of my car. The truck's insurance co denied my claim saying that I was at fault because I merged into the lane. The driver of the truck confessed right after the accident that he couldn't see my car and that's why he scratched my car.

Should I let go of the claim and get the car fixed by myself?

[zcforlife]

I guess it's going to be better to get new car because of all bad memories

[Justice Matters]

We suggest you first obtain at least two, preferably three, estimates to repair your car. Once done send them to the truck driver along with a demand letter for payment of same.

If he does not pay then you may then take him, or his employer, to small claims court. If the insurance company still does not want to intervene then it becomes the trucker's problem (depending, of course, upon the particular legislation in your jurisdiction regarding accident claims and insurance).

In some jurisdictions, failure to pay a judgment resulting from a highway accident can result in loss of one's driver's license.

It would help if there was a police report or some eye-witness accounts in your favour. Needless to say, if the police found that you were at fault then there is no point pursuing this at all.

[ScottGem]

Justice has the right idea, though, I would include the insurance company in any suit. You need to maintain that you had completed the merge BEFORE being hit.

Now you were hit in the SIDE of the car, not the rear, correct? Was it the side in the direction you had merged (had you merged into the left lane)? And was the semi also trying to merge into that same lane?