What Happens If Someone Hit My Car, but Claims I Hit Him?

Sorry that happened. Was he ticketed that you know of? If so that would basically assign him the fault even w/o an accident report. Hopefully you have a good insurance company. They should do all the work for you. (I have USAA, and they have been wonderful about working with the other person's insurance company on my behalf.) I can't imagine your insurance co (or even his) will let him get away with simply not returning calls to his company. I would just talk to your agent about how to best handle your repairs. Good luck.

As the mother of THREE young adult/teenage drivers who has SEVEN vehicles on our insurance (Yes, our insurance company LOVES us!!), I've had more than my share of experience with accidents!!! Police reports no longer assign fault. The reports just state the parties involved, site of the accident, etc. (Now, that said, if there are major injuries/death, that's a different report.) You should request a copy of the report just for your own records.

Now, what to do -- obviously, you've already contacted your own insurance and it appears you've contacted his and filed a claim against him. There is really nothing else for you to do except wait for the insurance companies to fight it out. However, be prepared that the "assignment of fault" may not be assigned 100% to the other driver. Since this is becoming a "she said/he said", the adjustors from both insurance companies will make their own independent determination of fault based on the damage to the vehicles. If the adjustors do not agree, it will go to mediation to determine fault. If there was a witness and you got their information, you have a better chance of the other guy being 100% at fault. If no witnesses, then the insurance companies will make the determination and offer of settlement.

Sorry I couldn't offer more direct advise; but, this is what happens and I've been through this too many times to count.

Why wasn't a police report done? The police probably had to fill out something since they did stop, part of all that paperwork and checks and balances they do. Even if they didn't give you a copy of it, which they usually don't, there should be something on file. Call the police department and check. It usually costs something to get a copy of the report, not much though. I can't remember what they charged my husband and it was a different state anyway. I would call the department first and let your insurance deal with the rest. He's probably not answering because he knows it's his fault and may have had other similar claims before. In the end though, even if you can't get him to pay, that's what uninsured coverage is for. Good luck!

Let the insurance company handle it! They are more experienced at this.

Ok, let me just start off with saying that I worked for State Farm for over 8 years in auto claims AND was on an arbitration panel for insurance companies who can't decide just who is at fault - we see these kinds of things all the time. Damages speak volume and so does cooperation. It sounds like you guys were side by side in the accident and to him you drifted into him and he will stand by it - olds are STUBBORN and are not always honest like they should be. Chances are that without cooperation, his insurance will possibly not pay for your damages but you keep with it. Make sure they have done their statement and insist that your insurance company takes a recorded statement if they are paying your damages. That statement will be transcribed and used in Arbitration and it makes a world of difference to the panel. If your vehicle has been inspected, they have photos of the damage. Hopefully your insurance will not believe his side of the story and should suggest to him that he get his own damages paid for by his insurance company. Most insurance companies are in it to protect their insured so that should be your case - depending on your carrier. THEN there is the department that tries to recover your damages. I have seen it happen that they do not believe it to be worth their time and do not pursue it. Be up front with your adjuster and let them know you expect them to try to get your money back through arbitration, after all, it is their job and that is what you pay for in premiums.

Feel free to e-mail me with questions - I will be happy to help you out if you have ____@____.com LUCK and have faith in the system - what comes around goes around.

Hello J.:

Sorry for your accident! The best thing to do is let your insurance company handle it. As long as they know your side of the story as to what happened they will contact the other drivers insurance. They will get it taken care of somehow, that is what we pay them for and why we have insurance. =)

Hope it all works out for you =)

B.

I am so sorry this has happened to you! People are nuts these days! I think the only thing you have left to do is wait it out! You have done all of the proper things as far as contacting the ins company and all that. Can they tell by the damage who hit who? I am sure the ins company will figure this out....especially since he won't return any calls....they are going to question both of you and just be sure to tell your side and stick w/it...good luck! I was recently hit by a lady w/no insurance, no driver's license and no english...I know how ya feel...helpless...Hope everything works out for you!

Oh that just steams me for you! I was in a similar situation back in 2001. I was at a yield sign waiting to merge onto a service road. I lifted my foot off of the brake to get ready to go and all of a sudden the fella behind me accelerated into me. When we got out of our cars he said "HEY, I THOUGHT YOU HAD GONE ALREADY BECAUSE YOU TOOK YOUR FOOT OFF OF THE BRAKE!" He was angry with me. Mind you I had just purchased that car the previous weekend. We exchanged info. His insurance tried to get me to say that I had started to go but then stopped suddenly. Yeah right!

His insurance paid for the repair and some chiro visits. I still have neck pain today and have to see the chiro occasionally when I cannot stand the pain.

I wish you luck and like the other gal said, just wait it out. It'll all get worked out.

I am a truck driver...take pics....any time at an accident.,..take pics from every angle...street pic for tire marks...if no injury,,before you move take pics to show who has crossed the line..phone cmera works great..they can be emiled...and you can still take pics of your car to show damage..yea...then move like thy say with no injury....have the guilty one if they admit fault write and sign his admission right then before he leaves and then later changes their mind...Oh and you can still go and fill out a police report in person...will look good on your end for the ins company....and if the man took off...report that too...

Hi J.,
I actually do this for a living...help people when they are having problems with their claims or anything to do with insurance in general. I worked in personal lines for 10 years for Farmers Insurance and then sold for an agency that sold and handled claims.
I will give you one piece of information that no one else did. You can file your own police report. YOu may be able to pull in off line but I suggest you do that as the police won't, as you said, file one. They won't file one unless there is an injury. No one should be surprised at this fact.
The police report then can be filed by you and used as evidence for your case. Often who gets paid or what percentage depends on how you phrase your reprot to the claims adjustor. it is very important you report the way the accident occured in the right way for
to be paid. They will often pay a 20/80 or some other split percentage on a case like yours.
hope that helps....
if you need further assistance my company is listed on this website under Anderson Insurance Consulting.

K. W