Same Insurance company, two different stories

[calee]

What is the name of your state? California

I was backed into, and tried to call the police dept. for that city. Unfortunately, they are not required to come out unless there is an injury.
When I called the insurance company to make a claim the adjuster, for the other party, said that the person is saying I rear ended him.
The insurance adjuster representing me says that all my information is just heresy.
The fact that the person who hit me came straight out with this information and apologized doesn't mean anything, or that I had tried to report it. He didn't ask for my information because he had caused the accident. If I had rear ended him, the damage would be in the center of my vehicle, but it's on the driver side because he was backing up. Apparently honking the horn doesn't stop anyone.
In this situation shouldn't the insurance company conduct some kind of investigation? They are just telling me to fix my own damages. Don't tell me that this person is going to get away by lying!!!! Is there any advice as to how I can get an investigation started?

 

[JETX]

The insurance adjuster representing me says that all my information is just heresy.

I really doubt that is what he said.
heresy: An opinion or a doctrine at variance with established religious beliefs, especially dissension from or denial of Roman Catholic dogma by a professed believer or baptized church member.

I think you meant 'hearsay'.

In this situation shouldn't the insurance company conduct some kind of investigation? Is there any advice as to how I can get an investigation started?

Yep. File your claim and keep calling them DAILY until they send an adjuster out and determine fault/liability.

And if they still refuse, take pictures of the damage, write up a detailed chronology of the accident and then sue the other driver in small claims court. If it happened as you say (and if you backed into him as he claims, the damage would NOT be to your door!!), you should have a pretty good case in court.

 

[calee]

haha. thank you for that. i actually laughed for the first time since the accident.
i've called my insurance company and they keep telling me that because there are two different stories that they are just going to try to compromise and make it a 50/50 liability claim. however, i'm in the losing deal because he was driving a ford 150 and basically my camry took the beating. they tell me that there is no investigation because it's based on our stories, and that isn't enough evidence.
they also told me that i'd probably lose at small claims. if i keep pressing enough, do you think they'll investigate? i'm so tired of it, and i had to file a complaint against a supervisor because he was yelling at me to stop pressing it.
i'm losing my mind!! should i get a lawyer?

 

[calee]

sorry, i should have been a little more detail about the damages. we were on a one way street...and he hit the driver side of the fender and broke my headlights.

 

[JETX]

sorry, i should have been a little more detail about the damages. we were on a one way street...and he hit the driver side of the fender and broke my headlights.

Whoops, that is ENTIRELY different. You have damage to the front of yoru vehicle and claim he was backing up. He has damage to the rear of his vehicle (presumably) and he claims you rear-ended him.
Without substantial evidence to the contrary, it is easy to see how the insurance company is 'splitting' liability... and what the problem is.

Your choice.... accept their 'offer' or consider going to court. If you do that, the other drivers insurance (and yours) will have to retain an attorney for him. That is more than likely why they are trying to steer you away from suing... it will cost them more!!
Your choice on what you might decide to do.

 

[calee]

no damage to his car and he isn't reporting damages.
i wonder if small claims might not work in my favor. it's not just the damages now, but it's also the principle. 1. how can the insurance company not investigate 2. he's lying
i love how we are covered under the same insurance company so they just want someone to pay their deductible.
if i did hit him, wouldn't there be damages to the center of his bumper?

 

[JETX]

how can the insurance company not investigate

What's to investigate?? You say he backed into you. He says you rear-ended him. A review of the damage locations support both versions. Unless there is an independent witness, there is nothing further to investigate.

he's lying

And he is very likely saying the exact same thing about you.

if i did hit him, wouldn't there be damages to the center of his bumper?

Not necessarily. You could have swerved when you were trying to stop and hit him on the side of the bumper. Or he could have backed up crooked and hit you with the side of his bumper.
Open your eyes to the FACT that this may not be as clear to others as it may be to you.