Driver is lying about accident

[iggypop]

What is the name of your state?What is the name of your state? WA

I was rear ended by a woman 2 weeks ago. She apparently claims that I was backing up and ran into her. In reality I was waiting to paralell park, not moving at all, waiting until she and others went around me. But she never went around. Her SUV slammed on her breaks about 10 feet before she hit me. But she's making this false claim anyway, even saying that the police believe me and not her becuase I'm american and she's not.
So her insurance has investigated all this, including my witness who says I was not moving. But she won't budge and her insurance is offering less than 100% of the due money since they say I'm partially responsible (which I think is odd, because if what she says really happened, it would be all my fault woulnd't it? It's like a reduced price based on reduced "reality").
Not only will I not accept this offer (my other option is to go thru my insurance with collision coverage), but I would like to see her get into trouble for lying. She's lying to the police, she's delayed this whole investigation for at least a week longer than normal becuase she's contested it, and she's also making a false insurance claim (isn't that illegal?) What can I do? Can I report insurance fraud somewhere? Do I just call the local police, as if they would really care?

 

[JETX]

So her insurance has investigated all this, including my witness who says I was not moving. But she won't budge

She doesn't have to 'budge'. You only have to convince her insurance company that you did NOT hit her.

and her insurance is offering less than 100% of the due money since they say I'm partially responsible

Under EXACTLY what theory do they think you have partial responsibility?? Since you have witnesses to what you say happened, there must be SOMETHING that the insurance company has found to support their theory of shared liability.

(which I think is odd, because if what she says really happened, it would be all my fault woulnd't it? It's like a reduced price based on reduced "reality").

Depending on the FULL facts, your being partially at fault may not be unreasonable at all. That is why I asked what reason the insurance company gave for your partial responsibility??? How much liability are they placing on you??

Not only will I not accept this offer (my other option is to go thru my insurance with collision coverage),

No problem. Simply, make the claim on your insurance and/or file a lawsuit against the other driver.

but I would like to see her get into trouble for lying. She's lying to the police, she's delayed this whole investigation for at least a week longer than normal becuase she's contested it,

Sorry, but what you would 'like to see' isn't relevant to the issue.

and she's also making a false insurance claim (isn't that illegal?)

Yes. A false claim COULD be insurance fraud if she benefits from it. However, what you describe does not appear to be illegal simply because it is different than yours.

What can I do?

See above.

Can I report insurance fraud somewhere? Do I just call the local police, as if they would really care?

Okay, what EXACTLY is fraudulent about her conduct, other than the fact that she has a different story than you??

 

[iggypop]

Okay, what EXACTLY is fraudulent about her conduct, other than the fact that she has a different story than you??[/QUOTE]


Fraudulent becuase she is making a claim against my insurance company, lying about what happened. It's not just that she has different version, it's that she is intentionally lying. WIth the intention of either getting her vehicle fixed with money from my insurance, or making her insurance not go up by saying it's not her fault. I was stopped, she ran into me. She says she was stopped and I ran into her.
Never mind, I guess there's really nothing I can do, it's just very frustrating. Her insurance company is partially believeing her, I don't know why and they won't tell me. She's being so persistant that she's somehow dragging her company into and they're buying it.

 

[FHawk]

Was anyone cited in the accident?

 

[JETX]

She says she was stopped and I ran into her.

Actually, your post indicates that is NOT the case.... and why I believe there is more to this.

Your earlier post included: "including my witness who says I was not moving.[/quote]
So, you have a witness. Who exactly is this 'witness' and where were they at the time of the accident??
Is this an independent person with no relationship to you?? If not, then they are likely assuming that their statement is prejudiced.

But she won't budge and her insurance is offering less than 100% of the due money since they say I'm partially responsible"

Sorry, but if they are offering anything at all, then they are not believing her story that you hit her. In a huge majority of any rear-end accidents, the second vehicle is at fault, usually due to failure to maintain safe distance or speed. In those cases, the insurance company of the person in front doesn't offer to pay ANY of the rear drivers damages. The fact that they are offering anything at all to you clearly shows that there is something wrong with the accident.

 

[iggypop]

Was anyone cited in the accident?

Yes, they tried to give her a citation, but according to the police report "she refused to sign it, claiming that she got one and not me because I'm an American and she's not".

 

[iggypop]

The witness is totally independant, but she apparently didn't see much, not until after hearing the sound of a car slamming on it's breaks (not the sound you would hear if I was backing up into her.)

It's werid, in a way they seem to not quite beleive her, that's why it seems like they're sort of combining both realities, which makes no sense to me, except of course they can do what ever they want, I mean , how can I fight it anymore? I could get a lawyer, but I don't know if I would get much more than what they're offering me at this point anyway. And I found out now that the police bungled the report and said that I was backing up, even though that's not what I told them. I was never moving. But the insurance company is going by the police report, which should be going by what I said, since me and the other driver were there, not the police. God, it seems so complicated and stupid. All I did was responsibly try to park my car. Amazing what a mess it turns into.

Your earlier post included: "including my witness who says I was not moving.[/quote]
So, you have a witness. Who exactly is this 'witness' and where were they at the time of the accident??
Is this an independent person with no relationship to you?? If not, then they are likely assuming that their statement is prejudiced.


Sorry, but if they are offering anything at all, then they are not believing her story that you hit her. In a huge majority of any rear-end accidents, the second vehicle is at fault, usually due to failure to maintain safe distance or speed. In those cases, the insurance company of the person in front doesn't offer to pay ANY of the rear drivers damages. The fact that they are offering anything at all to you clearly shows that there is something wrong with the accident.[/QUOTE]

 

[RoseFG]

What about your car?

She had no dents...niether did you, right? I dont understand this?

people are liars looking for lawsuits. I was hit on Friday and the lady lied to the police too, the police actually took her side! My car was damaged her car had a minor dent. Do you think she has a case?

 

[JETX]

Okay, iggy, since you seem so adamant about arguing every nuance of this case on this forum, lets say you win. You have convinced me and everyone else that you have ZERO liability in this case and should be compensated 100% for any and all expenses and inconveniences you incurred in this incredibly bad accident.
Feel better???

Now, with that, how are you helped??

 

[iggypop]

Sorry, I'll stop then. I was just wondering if there's anything else I can/should do to make sure things come out in my favor. Something I may overlook before I sign on the dotted line. It's just frustrating to do the right thing and have someone else do the wrong thing and have it become so difficult to fix it all and feel like I still might loose something in the end. I thought this forum was for getting that kind of advice or something. Oh well. Bye and thanks.

Okay, iggy, since you seem so adamant about arguing every nuance of this case on this forum, lets say you win. You have convinced me and everyone else that you have ZERO liability in this case and should be compensated 100% for any and all expenses and inconveniences you incurred in this incredibly bad accident.
Feel better???

Now, with that, how are you helped??