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Brenda-hernan · May 25, 2012, 01:03 PM

I had an accident 2weeks ago the other person drove into my lane and side swooped me now her insurance says it was my fault ! How am I at fault if she came into my lane ?

smoothy · May 25, 2012, 01:10 PM

Originally Posted by Brenda-hernan

I had an accident 2weeks ago the other person drove into my lane and side swooped me now her insurance says it was my fault ! How am I at fault if she came into my lane ?

You make sure YOUR insurance company knows what happened... and of course you can refer to the police report... you did call the police didn't you?

Let YOUR insurance company deal with them...

tickle · May 25, 2012, 01:15 PM

This is a pretty serious accident, and the police should have been involved.

Where are you located, US or Canada? These claims are handled differently from country to country.

ScottGem · May 25, 2012, 01:45 PM

So you file with your insurer as you should have, Your insurer pays your repairs less the deductible and goes after the other party. If they recover they reimburse your deductible.

The other driver probably lied to their insurer. And/Or the insurer doesn't want to pay and will pull anything to get out of paying.

Fr_Chuck · May 25, 2012, 01:48 PM

Of course her insurance says it is your fault, it is her insurance and maybe she told them another story. Is there a police report ? Is there witnesses ? Have you discussed this with your insurance carrier./

Brenda-hernan · May 29, 2012, 07:19 PM

[QUOTE=smoothy;3128361]Sadly to say no report was made the police came to the scene but said the other driver was scared because of points on her record and we didn't file a report. I was just glad my kids were not hurt or anyone .

Brenda-hernan · May 29, 2012, 07:20 PM

Originally Posted by tickle

This is a pretty serious accident, and the police should have been involved.

Where are you located, US or Canada? These claims are handled differently from country to country.

I'm located in Texas. There were no injuries and a police did come out but no report was filed .

Brenda-hernan · May 29, 2012, 07:23 PM

Originally Posted by Fr_Chuck

Of course her insurance says it is your fault, it is her insurance and maybe she told them another story. is there a police report ? Is there witnesses ? Have you discussed this with your insurance carrier./

I had my four kids with me the oldest is 10 and he was in the front passenger side do they count as witnesses? I took pictures can I use as evidence. Waiting to hear from my adjuster which hasn't called back.

Fr_Chuck · May 29, 2012, 07:43 PM

So they are lying, very possible they planned the lie at the time of the accident and why they did not want a police report

Also have you actually talked to her adjuster ?

But you turn it over to your insurance company and let them handle it.

ScottGem · May 30, 2012, 03:18 AM

Originally Posted by Brenda-hernan

Sadly to say no report was made the police came to the scene but said the other driver was scared because of points on her record and we didn't file a report. I was just glad my kids were not hurt or anyone .

I'm sorry, but I find that hard to believe. If the police were called, they HAVE to file a report. And they most certainly will not pass on filing a report because the other driver was scared about points. I would contact the local police about this.

Sorry, maybe the court will listen to the 10 yr old, but I doubt if this goes that far.

Brenda-hernan · May 30, 2012, 07:14 AM

Originally Posted by ScottGem

I'm sorry, but I find that hard to believe. If the police were called, they HAVE to file a report. And they most certainly will not pass on filing a report because the other driver was scared about points. I would contact the local police about this.

Sorry, maybe the court will listen to the 10 yr old, but I doubt if this goes that far.

I found that hard to believe also but that is what I was told since we both had DL and INS also there were no injuries. I will be going to the police dept today I hope it's not too late. Thanks.

Brenda-hernan · May 30, 2012, 07:20 AM

I did talk to her adjuster and went to make a report of my damages at her insurance they gave me a copy of my damages 1,600 . Two days later the adjuster called and said Based on what the other driver said I am at Fault and there is no evidence to state otherwise and my damages won't be covered. I am furious how is it my fault if she hit me on my middle side on my car ? I was going straight she came into me on my lane.

JudyKayTee · May 30, 2012, 07:36 AM

I'm having difficulty with no Police Report, injuries or no injuries aside. If she had $1,600 damages and you had any damages you are over the threshold for reporting. The Police aren't in the business of estimating damages but they see enough accidents to guess at a dollar amount - and it's not their decision, it's Texas law that is must be reported.

I know what her company said. What is YOUR company saying?

She sideswiped you (the proper term) on which side? The middle side tells me where, not which side. Where is the damage to her car?

Your son can give testimony - but in NY (where I am an accident investigator) his testimony will amount to very little. The damage to the vehicles is probably the "breaker" here.

You made a report of your damages at her insurance... and "they" gave you a copy... $1,600. What?

I'd go to Small Claims Court with whatever proof you have (including no proof) and let her respond with her proof (or lack of proof) and let a Judge sort it out.

(A Police Report may or may not be helpful. In 99.9% of cases the Police are after-the-fact bystanders, same as any other witness. No report, however, seems to be against Texas law.)