Brand new IS350 rear ended, other party claim i REVERSE!
02-14-14, 07:43 AM
#16
Yes, i say stick it to her and make her (or her insurance company) pay. Stand up for your right and principle.
Question, she was the only person in her car? Can your witness say that she does not have any witness (to say that you reversed into her car)? If she ever say that she has witness, then ask the insurance company to get the statement in writing (as an affidavit). That way you could take them to small court if need to. Make sure they are aware of that you are willing to fight all the way. I bet you her "witness" will not lie for her.
Good luck
02-14-14, 08:13 AM
#17
There's a street light at the end of the ramp leaving the gas station or were you in the street and your cars were perpendicular to each other?
I second having the gas station turn over their video footage...
I second having the gas station turn over their video footage...
Last edited by dbs600; 02-14-14 at 08:25 AM.
02-14-14, 08:39 AM
#18
Lexus Champion
Sorry this happened to you. Sometimes the offender's actions are worse than the damage.
Someone I know works in a law firm dealing with these kinds of cases. I asked her to look at this thread and this is her response. I hope it can help put your mind at ease. It is not intended as legal council or as to override anything your insurance company might say. Just some casual help.
Good luck, and keep us posted.
Someone I know works in a law firm dealing with these kinds of cases. I asked her to look at this thread and this is her response. I hope it can help put your mind at ease. It is not intended as legal council or as to override anything your insurance company might say. Just some casual help.
The following driver is almost always at fault. We just settled a case very similar to this, but the main difference is that our guy admits that he rolled backwards. I think it will be very hard to prove that he backed up into her the following driver ALWAYS has a duty to leave enough space between their car and the vehicle in front so as to avoid a collision, even at a stop. I.e., if she was stopped so that she was able to see his tires (which is the space you are supposed to leave), then she would have had time to honk when she saw his backup lights and would have avoided the collision.
When he has his recorded statement, he can explain (and he should) what he overheard (cell phone conversation). I don’t think that it could be admitted in court as it probably would be considered hearsay, but he can talk about it in his statement. He also needs to make sure to state that there were no other witnesses there. His independent witness will help since they have no connection to either party and can probably confirm that there were no other witnesses.
At this point there are 2 people confirming his story, himself and the independent witness. If she truly does have a witness and she tries to fight the claim, the insurance company could arrange to have the witness do an examination under oath. I doubt that witness would be willing to commit perjury for something minor like this. But the insurance company can settle the claim even if she disagrees with it. They do that all the time.
If I were him, I would give the gas station a call and find out if they have surveillance footage showing the street where the accident occurred. They usually do and I have requested the video many times. If they do, he can ask to get a copy of it (I would explain that he was rear-ended and the other party is claiming he backed into her). They will sometimes provide a copy without a subpoena. Just have him offer to pay for copying charges. He may also want to suggest that to his insurance company as I’m sure they have requested video like that many times. Although it may not be worth if for such a minor claim.
But my initial thoughts at this point are that the insurance company will probably determine that the accident was her fault (again, it’s much harder to prove that someone backed into you than you were hit from behind) and credibility will be an issue as I suspect the independent witness can also confirm that there was no one else there.
When he has his recorded statement, he can explain (and he should) what he overheard (cell phone conversation). I don’t think that it could be admitted in court as it probably would be considered hearsay, but he can talk about it in his statement. He also needs to make sure to state that there were no other witnesses there. His independent witness will help since they have no connection to either party and can probably confirm that there were no other witnesses.
At this point there are 2 people confirming his story, himself and the independent witness. If she truly does have a witness and she tries to fight the claim, the insurance company could arrange to have the witness do an examination under oath. I doubt that witness would be willing to commit perjury for something minor like this. But the insurance company can settle the claim even if she disagrees with it. They do that all the time.
If I were him, I would give the gas station a call and find out if they have surveillance footage showing the street where the accident occurred. They usually do and I have requested the video many times. If they do, he can ask to get a copy of it (I would explain that he was rear-ended and the other party is claiming he backed into her). They will sometimes provide a copy without a subpoena. Just have him offer to pay for copying charges. He may also want to suggest that to his insurance company as I’m sure they have requested video like that many times. Although it may not be worth if for such a minor claim.
But my initial thoughts at this point are that the insurance company will probably determine that the accident was her fault (again, it’s much harder to prove that someone backed into you than you were hit from behind) and credibility will be an issue as I suspect the independent witness can also confirm that there was no one else there.
02-14-14, 09:26 AM
#19
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02-14-14, 11:05 AM
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I guess it is up to the cops. But last week I was rear ended pretty badly and I called 911 to get police on the scene. The operator said they do not send them unless someone is injured. She explicitly said they do not send cops to determine who is at fault anymore.
02-14-14, 01:35 PM
#22
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Thank you guys for all the feedback.
What exactly happen which I got on photo afterwards captured her front bumper touching my passenger rear with her car half way out of the gas station ramp. My car was sitting on the street where tons of cars are moving the direction my car was facing and I was about 3-5 car spaces away from the stop light. There was another ramp going into the gas station in front of me, so it wouldn't make sense if she claims that I wanted to get into the gas station or w/e bull**** she brings up.
Going through surveillance camera is a great idea and I might just as well try that, but hopefully the case ends in a logical decision made by the same insurance company that we both party have which is Triple A. Just cross fingers that the insurance company isn't going to try to do the best for themselves which is make me pay my deductible rather than making it "her fault" and using "her insurance" to pay for the full damages to my vehicle. I mean you know what I mean
It seems to everyone that I've talked to would agree to the fact she hit me then I back up especially in that kind of situation where good thing I got it on photo, I should have recorded her right after I got out of my car because she actually did in the beginning admitted FAULT before she started struggling against the fact with the insurance company.
LoL I told her Dash Cam wouldn't lie and she was shock and I asked her to look at it in my car (bluffing, I don't have a dash cam, which I hope I did now). I figure she wouldn't be certain if I had one even by looking at it outside my car, since she seem inexperience. Dash cam would have save me by capturing the road and my vehicle NOT MOVING AT ALL, even though you cannot capture the back, its good enough evidence. Good stuff, getting a dash cam after this incident.
What exactly happen which I got on photo afterwards captured her front bumper touching my passenger rear with her car half way out of the gas station ramp. My car was sitting on the street where tons of cars are moving the direction my car was facing and I was about 3-5 car spaces away from the stop light. There was another ramp going into the gas station in front of me, so it wouldn't make sense if she claims that I wanted to get into the gas station or w/e bull**** she brings up.
Going through surveillance camera is a great idea and I might just as well try that, but hopefully the case ends in a logical decision made by the same insurance company that we both party have which is Triple A. Just cross fingers that the insurance company isn't going to try to do the best for themselves which is make me pay my deductible rather than making it "her fault" and using "her insurance" to pay for the full damages to my vehicle. I mean you know what I mean
It seems to everyone that I've talked to would agree to the fact she hit me then I back up especially in that kind of situation where good thing I got it on photo, I should have recorded her right after I got out of my car because she actually did in the beginning admitted FAULT before she started struggling against the fact with the insurance company.
LoL I told her Dash Cam wouldn't lie and she was shock and I asked her to look at it in my car (bluffing, I don't have a dash cam, which I hope I did now). I figure she wouldn't be certain if I had one even by looking at it outside my car, since she seem inexperience. Dash cam would have save me by capturing the road and my vehicle NOT MOVING AT ALL, even though you cannot capture the back, its good enough evidence. Good stuff, getting a dash cam after this incident.
02-15-14, 06:32 PM
#24
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Does anyone use a dash cam for this kind of purpose? I wanted to get one before this had happen and now i definitely need to get one. I cant stand dealing with these type of people in the road. Where is a good place to buy a dash cam? Anyone uses one and can recommend?
02-15-14, 09:14 PM
#26
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02-15-14, 11:58 PM
#27
Same thing happened to me last July. I was rear ended by an old lady driving a del sol. I was stopped at a red light and within 3 seconds, BAM!
I made the mistake of not grabbing any witness info or calling the police.
She claimed that she didn't hit me and refused to turnover her info. I told her to get out the car and take a closer look. She finally handed over her license and insurance.
I called my insurance company (AAA) and they decided in my favor and told me to take the car to any shop I want. I didn't have to pay anything out of pocket besides car rental.
I called her insurance company to cover the car rental. They said they are waiting for the other party "side of the story".
It went down hill from there. I got a letter from her insurance company denying my claim because she said I reversed into her. They also demanded photos of the damages and they had an agent go to the bodyshop to take more photos and do some measurements. (She originally said she didn't hit me so they wanted to make sure everything was measured and documented.).
Long story short, I took her azz to court and won. Bltch didn't say anything at court besides (nothing happened, she didn't hit me). Yet she brought evidence from her own insurance that stated there were damages to the rear bumper.
Basically, she couldn't keep up with her lies. She paid me in full about a week later. (rental cost, court filing fees and so on).
It was a PITA. I had an officer serve her the court documents but he failed 3 times to get her to sign. I then hired a company to stalked her and finally got her to sign the documents.
After I won my case, I forwarded the info to AAA and they used that to get her insurance to reimburse them for the body work.
The victory was worth it. To see the look on her face and her son's face. I mean they were mean as hell. I even offered to settle before seeing a judge. They refused and said I had no claim. lol
I made the mistake of not grabbing any witness info or calling the police.
She claimed that she didn't hit me and refused to turnover her info. I told her to get out the car and take a closer look. She finally handed over her license and insurance.
I called my insurance company (AAA) and they decided in my favor and told me to take the car to any shop I want. I didn't have to pay anything out of pocket besides car rental.
I called her insurance company to cover the car rental. They said they are waiting for the other party "side of the story".
It went down hill from there. I got a letter from her insurance company denying my claim because she said I reversed into her. They also demanded photos of the damages and they had an agent go to the bodyshop to take more photos and do some measurements. (She originally said she didn't hit me so they wanted to make sure everything was measured and documented.).
Long story short, I took her azz to court and won. Bltch didn't say anything at court besides (nothing happened, she didn't hit me). Yet she brought evidence from her own insurance that stated there were damages to the rear bumper.
Basically, she couldn't keep up with her lies. She paid me in full about a week later. (rental cost, court filing fees and so on).
It was a PITA. I had an officer serve her the court documents but he failed 3 times to get her to sign. I then hired a company to stalked her and finally got her to sign the documents.
After I won my case, I forwarded the info to AAA and they used that to get her insurance to reimburse them for the body work.
The victory was worth it. To see the look on her face and her son's face. I mean they were mean as hell. I even offered to settle before seeing a judge. They refused and said I had no claim. lol
Last edited by vbx; 02-16-14 at 12:02 AM.
02-16-14, 02:27 AM
#28
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Same thing happened to me last July. I was rear ended by an old lady driving a del sol. I was stopped at a red light and within 3 seconds, BAM!
I made the mistake of not grabbing any witness info or calling the police.
She claimed that she didn't hit me and refused to turnover her info. I told her to get out the car and take a closer look. She finally handed over her license and insurance.
I called my insurance company (AAA) and they decided in my favor and told me to take the car to any shop I want. I didn't have to pay anything out of pocket besides car rental.
I called her insurance company to cover the car rental. They said they are waiting for the other party "side of the story".
It went down hill from there. I got a letter from her insurance company denying my claim because she said I reversed into her. They also demanded photos of the damages and they had an agent go to the bodyshop to take more photos and do some measurements. (She originally said she didn't hit me so they wanted to make sure everything was measured and documented.).
Long story short, I took her azz to court and won. Bltch didn't say anything at court besides (nothing happened, she didn't hit me). Yet she brought evidence from her own insurance that stated there were damages to the rear bumper.
Basically, she couldn't keep up with her lies. She paid me in full about a week later. (rental cost, court filing fees and so on).
It was a PITA. I had an officer serve her the court documents but he failed 3 times to get her to sign. I then hired a company to stalked her and finally got her to sign the documents.
After I won my case, I forwarded the info to AAA and they used that to get her insurance to reimburse them for the body work.
The victory was worth it. To see the look on her face and her son's face. I mean they were mean as hell. I even offered to settle before seeing a judge. They refused and said I had no claim. lol
I made the mistake of not grabbing any witness info or calling the police.
She claimed that she didn't hit me and refused to turnover her info. I told her to get out the car and take a closer look. She finally handed over her license and insurance.
I called my insurance company (AAA) and they decided in my favor and told me to take the car to any shop I want. I didn't have to pay anything out of pocket besides car rental.
I called her insurance company to cover the car rental. They said they are waiting for the other party "side of the story".
It went down hill from there. I got a letter from her insurance company denying my claim because she said I reversed into her. They also demanded photos of the damages and they had an agent go to the bodyshop to take more photos and do some measurements. (She originally said she didn't hit me so they wanted to make sure everything was measured and documented.).
Long story short, I took her azz to court and won. Bltch didn't say anything at court besides (nothing happened, she didn't hit me). Yet she brought evidence from her own insurance that stated there were damages to the rear bumper.
Basically, she couldn't keep up with her lies. She paid me in full about a week later. (rental cost, court filing fees and so on).
It was a PITA. I had an officer serve her the court documents but he failed 3 times to get her to sign. I then hired a company to stalked her and finally got her to sign the documents.
After I won my case, I forwarded the info to AAA and they used that to get her insurance to reimburse them for the body work.
The victory was worth it. To see the look on her face and her son's face. I mean they were mean as hell. I even offered to settle before seeing a judge. They refused and said I had no claim. lol
If the worst case scenario where they decided to just have us settle this on our own, I'm not sure if I should waste anymore time and the hassle to bring it to court (it's just minor damage". Although to think of how disgusting she looked on her face when she said what she said such as " it's just dust " then " I didn't hit you " then " he back up into me " LOL WTF I would never thought of such bull ****, but omg I'm learning from the bad.
Someone just told me Triple A have to deal with these many similar cases and with mine being small potato they would hopefully just settle this on my favor because it's almost stupid to try to prove that I back up into her. What you guys think? I'm actually searching for Dash Cam on Amazon.
02-16-14, 02:47 AM
#29
Lexus Test Driver
yet another reason to have a DASH CAM!!
in my 11 years of experience in insurance rule number one, the guilty party usually always LIES!
and you know what really makes me mad? (assuming the other party has insurance)
speaking towards the guilty party i just want to say the following..
why lie? what the worst thing that could happen? so your rates go up a little for a few years! so why lie? you don't have to pay anything towards the car you hit!
let's say there is 10K in damages, so your rate goes up 20 bucks a month for a few years, is that such a big deal? would you rather pay the full 10k out of pocket?
in any case, i cannot wait to see the day some wise *** try's to say i backed into them. ill let it play all the way out until we get to court and then disclose the video so i can make a laughing stock of them in the courtroom.
in my 11 years of experience in insurance rule number one, the guilty party usually always LIES!
and you know what really makes me mad? (assuming the other party has insurance)
speaking towards the guilty party i just want to say the following..
why lie? what the worst thing that could happen? so your rates go up a little for a few years! so why lie? you don't have to pay anything towards the car you hit!
let's say there is 10K in damages, so your rate goes up 20 bucks a month for a few years, is that such a big deal? would you rather pay the full 10k out of pocket?
in any case, i cannot wait to see the day some wise *** try's to say i backed into them. ill let it play all the way out until we get to court and then disclose the video so i can make a laughing stock of them in the courtroom.
02-16-14, 03:50 AM
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Alright, I'm confused by this letter that Triple AAA just sent me by mail on the day after the accident and I received it today. I'm not sure if this letter is meant to settle my claim, please help
It says:
This letter will serve to acknowledge the claim recently reported on your policy as well as to supply you with information that will assist you with the handling of your claim. Then it shows me what my insurance policy covers for me in this accident. Then it comes to this part which totally confuses me and making me feel anxious.
"Your deductible will apply for this loss and should be paid to the shop once repairs are complete. Based on our investigation, we do not intend to pursue recovery of your deductible or our expenses from any other party. However, our decision does not prevent you from attempting to recover your deductible, or any other losses and expenses, from other persons, insurers, or entities that may be responsible for such expenses. Please be advised that any such attempt to recover these expenses is your responsibility."
Did I just got screwed over by my own insurance company? I had a feeling they would screwed me over since both party had the same insurance and since it would cost less for them to repair my vehicle if I paid from my policy instead. You guys understand what I mean?
Okay I'm not totally sure if this letter is saying what I'm thinking. Is it? did I just got screwed by Triple AAA?
It says:
This letter will serve to acknowledge the claim recently reported on your policy as well as to supply you with information that will assist you with the handling of your claim. Then it shows me what my insurance policy covers for me in this accident. Then it comes to this part which totally confuses me and making me feel anxious.
"Your deductible will apply for this loss and should be paid to the shop once repairs are complete. Based on our investigation, we do not intend to pursue recovery of your deductible or our expenses from any other party. However, our decision does not prevent you from attempting to recover your deductible, or any other losses and expenses, from other persons, insurers, or entities that may be responsible for such expenses. Please be advised that any such attempt to recover these expenses is your responsibility."
Did I just got screwed over by my own insurance company? I had a feeling they would screwed me over since both party had the same insurance and since it would cost less for them to repair my vehicle if I paid from my policy instead. You guys understand what I mean?
Okay I'm not totally sure if this letter is saying what I'm thinking. Is it? did I just got screwed by Triple AAA?