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VagrTiger

Guest
What is the name of your state? PENNSYLVANIA

My car was hit on a highway by a driver who was trying to change the lane but had not checked his blind spots. Fortunately nobody was hurt, but my car has been badly scratched and suffered some mechanical damage (the car shakes when I drive). The other driver was apologetic on the scene, and since both cars seemed to be drivable we exchanged our insurance information and didn't call the police.

Now, the other driver claims that some other car suddenly pulled in front of him, and that's why he had to swerve.

First of all, there were only 2 lanes on the highway, I was driving on the left lane, and he was driving on the right lane. Nobody switched lanes from my lane, therefore, the car that allegedly pulled in front of him must have been in his lane from the beginning. Second, even if someone really pulled in front of him, then shouldn't he be driving at a safe speed and aware of all the cars around him, so that he could slow down, instead of swerving on 60 m/h, hitting my car, and risking lives of both of us?

Things are somewhat complicated because we are both insured by the same insurance company. The adjuster told me today that I should contact my agent and get another adjuster for negotiation, because she has a conflict of interests and can not represent both of us. She also said that it is likely that they consider the accident "no one’s fault", since the cause of the accident could be the car that allegedly pulled in front of the other driver. So, it's my word against the other driver's word, and it is more profitable for the insurance company to side with him, since I don't have collision coverage, thus the company can save a couple of grands.

Basically, someone ruins my car, admits it, and it's nobody's fault? What can I do in this case? If I decide to sue, should I sue the other driver or the insurance company? I will greatly appreciate any advice.
 
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If you had called the police at that time you probably would not be having this problem today.

But if you do sue, you sue the driver.

Joe
 
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VagrTiger

Guest
Police

Unfortunately the police in PA doesn't come if nobody's injured or there is no substantial property damage.
 

Ashabar

Junior Member
I'm not an expert but I just wanted to that something similar happened to my husband. It was raining and the woman in the lane next to him hit her brakes and lost control of her car and hit him. They did call the police as there was quite a bit of damage but the police never wrote up an accident report. We are both with State Farm, the lady then changed her story and said my husband was trying to cut her off and he hit her.

State Farm went with her story even though throughout the whole investigation her story changed many times. We ended up liable for everything and her mysterious injuries that didn't manifest until after she learned she was not liable.

Fight it out if you can or go after that driver. Our insurance is going to suffer for 3 years because of her lies.

This was in Texas btw
 

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