[Sunshine62583]

My husband was in a car accident with a 70 year old woman who was driving her son's vehicle on a expired license (which she apparently had a 60 day extension, but we don't know..? And then later we find out her insurance policy was not even 24 hours old!. ). When the police officer did the accident report, she ended up being at fault because we had a 3rd party witness who called in the accident to 911. The dispatcher did get the witnesses information (name, address and phone#). However, the woman is claiming she is not at fault. She even called OUR insurance company and started a claim. She DID receive a citation for the accident because of the witness. The officer told us that he would not have been able to site her unless we had that witness... but we did, so we lucked out... for the time being.

He also told us that she may take us to court... but if the witness doesn't show up, they will just drop the case.

Any advise of what we should say/do or how to handle this case? This incident happened on Friday, and it is now Monday and my husband still doesn't have a rental vehicle and her insurance company is claiming they can't get in contact with the member, therefor they can't process the claim yet or even get started... we even faxed them the accident report showing she was at fault and got a citation!

HELP!

Thanks! :-)

[excon]

Hello S:

It may be time to hire a lawyer. Don't speak with them further. They're lying to you.

excon

[Sunshine62583]

I know... but we can't afford the expense of a lawyer... I just don't know what to do at this point. We can't even afford the $500.00 deductible right if we wanted to just go through our insurance company! :-(

[J_9]

Have you spoken with your insurance company yet? This is the first step you need to take.

[Sunshine62583]

Yes, we called within 24 hours of the accident and they said they weren't doing anything at this point because the other party involved was at fault and cited... and when speaking to her insurance company, they state since they haven't been able to get in touch with their client, they recommend we go ahead with our insurance company... ha ha... of course... so they don't have to pay!

[J_9]

They will have to pay in the end. It's called a subrogation case when your insurance company sues her insurance company.

Now that your insurance company knows, you cannot have any further conversations with anyone but your agent. Make sure your insurance company has a copy of the police report.

[Fr_Chuck]

You basically turn it over to the insurance and let them fix your car. Allow them to either sue or defend against the other person, If they call again merely tell her to contact your insurance ( and personally I would tell her to stop lying)