Not my fault! Do I let the insurance companies go to arbitration or do I sue?

[VAdriverVA]

What is the name of your state? Virginia, however, the accident happened in Maryland.

Hello,

I was hit by a driver and I just found out today that he is denying liability. In summary, the driver states that he impacted "something" but he can't be sure it was my vehicle.

My insurance company suggests that I can go through my insurance to get my car repaired. I would have to pay my $500 deductible. My insurance companies says that they will do everything they can in arbitration to fight to get that money back.

THE ACCIDENT:
The negligent driver made an ILLEGAL U-turn on a three way highway coming eastbound through a median separation point; he was in the far left lane waiting to make a U-turn into a three lane highway going in the westbound direction.

Myself and two passengers were heading westbound in the middle lane of the three lane highway down a slight hill so I saw the vehicle make the U-turn. The driver made the U-turn into my lane in front of me, so I had to brake and then I proceeded into the left lane. There was no impact at this point, just too close for comfort. I then maneuvered into the far left lane to steer clear of this driver; and because I needed to make a left turn in about a half mile.

About a minute or so later, the driver drives into the left lane where my vehicle is fully occupying the lane. I couldn't believe that he was driving into my lane, so I pressed on my brakes because there was nowhere for me to go because there was a median to my left. Consequently, he strikes my vehicle on the passenger side right front fender, bumper and tire.

After impact, the driver just keeps driving in the left lane in front of me. Didn't miss a beat. I assumed the driver would eventually pull over to the right so that we can exchange informatiom, however, he KEEPS DRIVING!!! One of my passengers writes down the licsence plate and calls the police, all while we are on the move chasing this guy! The driver continues to drive as I flash my lights and blow my horn; the driver doesn't stop until 2 miles or so later. (Note: He made a left at a green light and continued to drive and then a right before he pulled over.)

When the driver pulled over and I pulled up beside him, before I could say anything, he said, "Did I hit your car." and I replied "Yes, you hit my car." and then said, "Oh, I thought I hit a curb."

My front passenger (I had two passengers with me) saw the damage on the drivers vehicle when I pulled next to him. She said there was damage to his front driver side rim area.

To make an already long story shorter, I pull over about 4 car lengths ahead and the driver got out of his vehicle and ran down to my car to provide me all his information. I did not give him my information, nor did he ask for it. While we are both standing there looking at the damage to my vehicle, he says, "Oh wow, you know, I was hit last year by a stolen car and the kids jumped out of the car and fled. Maybe now I can get that fixed with this claim. Oh, that was on the other side and that car was a different color so that won't work." [Commentary: this attest to a lack of honest character on his part!]

My backseat passenger wrote down all the his information, afterwhich, the driver tells me to call his insurance because they should take of everything. He did not wait for the police. The police came 10 minutes later and took a statement. The policeman also ran the drivers' tags and drivers license, which came back clean and revealed that the insurance was current.

CLAIM STATUS: Driver denies liability.
My agent says she talked to the driver’s claims adjuster and he said that his client is adamant that he is not a fault because he doesn't recall hitting me. He's standing by the fact that he knows he "impacted" something but he doesn't believe it was my vehicle.

QUESTIONS
1. Do I utilize my insurance policy, and just pay the deductible and let them fight it out in arbitration?
2. What happens at arbitration? How do I prepare for it? Do I need to keep the fender and/or other car parts as evidence?
3. Do I repair my car right away or wait?
4. Should I retain a lawyer and sue him?

Thank you in advance for your feedback.What is the name of your state?What is the name of your state?

[BOLSHEF]

I'm new to this forum and have some insurance experience, although not in VA.

Its sound to me like you should use your own insurnace company and then have them subrogate against the at fault party.

Doing it on your own is a risk unless you have experience in gathering all the facts and evidence and presenting it to the arbitrator. It also become an issue of time, who has time for doing all that. Your insurance company obviously has the experience and resources to do this.

You basically employ an expert in this area by paying your insurance premiums, its silly to not use them. If its ruled in your favor and it would seem it would be if your adjuster gets a good statement and gathers the evidence on your car(paint transfer, area of damage, etc.), you'd get your deductible returned and your premiums shouldn't be affected.

Good Luck...

[VAdriverVA]

Bolshef -

Thank you for your reply. Everything that I have researched online as well as a free consultation with a lawyer advise to go to arbitration. I and my insurance company are fairly confident that the other driver will be found liable. He is just stalling from having his premiums increase!

Thanks again!