Automible Accident - Not at Fault but Paying anyway

[chanijo]

New Jersey

I was involved in a car accident 2 weeks ago when an 18-wheller made a wide left turn to hit my front door and caused extensive damage. The police report stated that it was a "word against word" case because our cars were moved to clear the intersection before he got there and he couldn't determine who was at fault.

Luckily, I had a witness so when I went to file a claim with the other driver's insurance company, I thought I would be fine. It took them over 2 weeks to track down the driver to get his statement and when they did, he claimed he had a witness that said I was in his lane. I did in fact see him talking to someone, but it seemed to be his friend, as they were conversing easily.

Now his insurance company tells me they can't determine liability, even after I sent in pictures of the damage that I thought made it clear that he swerved out to hit me.

Do I have any recourse against them? Is there anything I can do to get the money I am owed for my repairs?

Thank you.

[Betty]

Did you also report the accident to your ins. company?

[chanijo]

Yes, I did. But I did not make a liability claim through them because I was planning on going through the other driver's insurance company because I was sure that they would cover it. I can go through my insurance company, but then, I have to pay my deductible, which I would rather not do, considering the accident was not my fault in the first place.

[moburkes]

It wouldn't be a liability claim through your own insurance company. It would be a collision claim, for which, when they determine that the other party is at fault, and they receive payment from his insurance company, they will give you back your deductible.