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Guy Backed into me and is lying to his insurance company

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laine

Junior Member
What is the name of your state? California

2 weeks ago, my boyfriend was backing out of our parking space. he was done backing up, the car was stationary and he was putting it in 'drive'. he noticed in the rearview that the neighbor with the giant black truck was backing into him. he slammed on the horn for 1-2 seconds. the guy kept coming and smashed into the back of our car. the driver of the truck didn't want us to call the cops, he didn't want us to go through insurance. He apologized and said he had heard the horn but didn't know what happened. since we were neighbors, he said he would pay for the damages. the next day we got 3 estimates ranging from $1700-$4500. He said we would have to go through the insurance, and that we should pay for the half of the damages because we backed into him at the same time. this was a blatant lie. he also changed his story and said we honked the horn after we were hit, which of course, makes no sense.
his insurance company sent us to get an estimate at their shop, and it was $2200. now they are saying the mexican guy that hit us is saying we backed into him, and they will only give us half of the estimated amount, and we would accept 50% of the responsibility, meaning that our insurance premiums would go up now as well.

we refused and said we would get our witnesses together. the insurance agent for the mexican guy is saying he suddenly has witnesses too.

i cannot believe this scummy guy with absolutely no damage to his truck is such a lying fool. how can we obtain his driving record? he wasn't even looking behind him when he was in reverse! he completely ignored the horn!

we refuse to accept any responsibility or cost for this accident, since it was entirely this mexican guy's fault. we don't know how to get the insurance company to believe us. i have photos of the truck after the accident, showing no damage. i have witnesses that heard the horn, then the crash. is there anything else i can do to get this settled fairly? is it worth it to get an attorney for 2k and a clean driving record?
 


teflon_jones

Senior Member
Don't bother paying for an attorney, submit it to your own insurance company and let them handle it. Give them the contact info for your witnesses and they'll take it from there.

There will be nothing on your driving record unless you were cited.
 

laine

Junior Member
because the Mercedes is old, i don't carry collision on this car, as the cost exceeds the value of the car in a year or 2. My insurance agent is pretty much unhelpful, and tells me to keep calling the other guys insurance company. There was no police report, but my insurance agent tells me if we accept the 50/50 thing, its considered 'contributory negligence', and it will make my premiums go up. Based on this, I am adamant on getting the insurance company to see the mexican guy is 100% at fault. which he is.

his insurance company AIG, is dismissing my witness testimony (i was the passenger) because i am the drivers girlfriend. is this legal? we do have other witness testimonies, but only what they heard. us honking the horn to tell him he's about to hit us, then him crashing into us. he had told his agent that we hit the horn after we backed into him. ?? is there anything else we can do or submit to his insurance company to make them side with us? i can't believe our insurance system can so easily be corrupted and unjust- all the other guy has to do is lie??
 

sukharev

Member
Well, that's just the way it is - they have no interest in paying you. Take them to small claims, where your testimony will bear some weight, and good luck. Don't accept any settlments from insurance unless you feel comfortable with it.
 

Jeffery

Junior Member
Wow

The insurance company is only interested in saving a buck and making a buck.
They are in the business to make money. Dont count on the insurance company to back you and dont believe everything they say. I would advice small claims court.
Dont let this guy walk off with out a fight. Make him miss work and think twice before backing up. A judge may see through the lies. I see it happen all the time. They get on the stand and their stories fold up. I would also look into another insurance company. Sounds like they are not supporting you.
From my experience, a person in a car is a valid witness in the eyes of the court. I was in a simular situation and passengers were key witnessess to solving the case.
Get all the witness statements you can and set a court date. This guy may also not have a valid licence. Something is fishy when he didnt want a officer present. Did U smell alcohol on his breath? Did he look like he was on drugs?
These are somethings you can bring up in the court.
And how the heck did he get all these witnesses?
He is probably bluffing. He is probably a friend of the other insurance company. Let the courts decide. What has happened to the moral fabric in our country? People lie without a consious anymore. Drag him into court. Dont make it easy for him.
 

Jeffery

Junior Member
Injuries

Also, If you have injuries, you may want to get theat checked out as well.
Back injuries and ect..
 

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