Car accident April 25th Lady is lying

[jmckamey75]

What is the name of your state? Tennessee

A 50 year old lady in a 1986 Cadillac Fleetwood ran a red light and hit me last Friday.
Because I wore my seatbelt and thanks to the airbags, I did not get seriously injured (just stiff the next day). I approched her vehicle at the scene and tried to get her insurance info and to give her mine also but she would not even look at me and would not roll down the window or open her door. (She was moving around though and getting her information out of the dash) I went the following Monday to get the police report as told by the police and on this report she states that she had a green light. But a witness saw the accident and stated on the report, that I had the green light. (I had the green light!!!)

I called the lady several times to exchange information but she would not answer. I have been in contact with my insurance company (I called right after the accident happend) and they also say she will not answer her phone or call them back. I called and left her a message stating that if she did not give her information that I had no choice but to sue her for replacement of my vehicle. About 30 minutes later a get a call from my insurance saying that she had called them with her info and gave me her insurance provider's name.

I have been in contact with both companies, trying to get a rental since I work 35 miles away and have a 5 year old daughter to run around.
Now, the lady that hit me is still lying, and will not contact her own insurance agency and will not contact mine either.
What should I do?
I need a rental right away but her insurance says they have to contact her first. (what is that about? The police report says there is a witness that says I had the green light and I said I had the green light because I had the green light)
Help me please I'm worried!
Thanks in advance,
Jesse

 

[ecmst12]

Her insurance company has an obligation to their customer to fully investigate claims before accepting liability. It is not as simple as just reading the police report, though that is part of it. They will also have to talk to the witness and get a statement from him/her confirming your story. You are lucky there was a witness - if there was not, they would probably deny for lack of evidence.

 

[jmckamey75]

Thanks A Lot!

Thanks for that that makes me feel a little better. I felt like I was getting the run around.
I am so glad there was a witness (more that this person had the guts to say anything because there were over 15 cars sitting waiting at the red light that she ran as well as cars on the other side too that saw this)
I will be sure to send this person a nice thank you card with a gift card for gas or something because if it wasn't for this person I'd be tottaly screwed.

I just don't understand why if she is so sure it was my fault, why she won't talk to the insurance companies. She didn't even call her insurance until Tuesday.

Anyway Thanks!
Jesse

 

[ecmst12]

Don't send them any gifts! That could be construed as you trying to influence the witness. After everything is settled, then it will probably be ok to send them a thank you card But the value of this person is that he/she is unbiased...you don't want to create a bias where there was none before.

 

[JustAPal00]

The witness is key! I was involved in a similar accident years ago in NY with no witness and it was declared a no fault accident. The kid that hit me ran to use a phone and called his dad. When he got back he said his light was green.

 

[jmckamey75]

Oh I see

"Don't send them any gifts"

Yeah I thought that may be a bad idea. I will wait until it's all over with and just send a nice card. I don't know the person but I believe I saw him at the scene.
Thanks for all of you folk's help. Now I can relax a little.

 

[jmckamey75]

The witness is key! I was involved in a similar accident years ago in NY with no witness and it was declared a no fault accident. The kid that hit me ran to use a phone and called his dad. When he got back he said his light was green.

Well I was worried that they would not trust the witness. I just went through a big custody battle with my ex wife and I have seen everything go back and forth so much that it's evident in court sometimes even if you are telling the truth that someone can lie and try to turn the tables on you. And since the lady that hit me is 50 I was affraid they would consider her age and try to gain sympathy. She and I are just lucky I didn't get hurt. All I want is for my vehicle to be replaced by a similar one. I go out of my way to be fair and honest no matter what but sometimes people wrongly judge me. I do not believe she was hurt because she was fine when I tried to get her information at the scene. She didn't start acting hurt until the police and ambulance arrived. Anyway I am sorry if she did actually get hurt but it was hard for me to tell since she would not talk to me or even roll down her window at the scene. She tried to beat the red light and caused the accident so everything else should be on her. Now I'm stuck driving my grandfather's old farm truck that gets about 10 miles a gallon. I think she should pay for that too since my car got 30 plus a gallon. That's why I want a rental. lol
Thanks for your reply too btw.
Jesse

 

[Gail in Georgia]

She's just 50, not 90; not exactly ready for the nursing home.

Unfortunately people lie all the time in such matters as auto accidents. They worry about insurance rates going up, they worry about the cost of getting the vehicles fixed. Insurance companies realize this.