Wife got in accident w/ my car

[soydough]

What is the name of your state? California

My wife got into an accident with my car. She is also a listed driver on the insurance policy. Here's what happened: She was driving down on the right lane on a two lane street. A car pulled out of a store parking lot and T-boned her on the passenger side. Nobody stoped so she could not get any witness's phone numbers. She called the police but they said they will not come out because none of the parties involved was seriously injured. They told her to exchange information and that's it. So needless to say, she doesnt' have a police report. We called our insuracne and he called his, but he gave a totally different scenario. He said she was on the left lane and changed lane and that's why he hit her. He should have waited for her to pass first because she has the right-of-way, right? So now it's his words against her's. And now his insurance is refusing to pay for the damages. The body shop estimated the repair to be around $6000. We don't want to file a claim with our insurance because we 1) feel it wasn't our fault, 2) don't want to risk an increase in our premium and 3) would have to pay the $500 deductible. What can we do to get our side heard through his insurance company because they will not listen to us? If I must, do I have a chance to win in small claim court? Should I take the driver to court or his insurance or the owner of the vehicle because he is not the registered owner?

Please help!

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

My wife got into an accident with my car. She is also a listed driver on the insurance policy. Here's what happened: She was driving down on the right lane on a two lane street. A car pulled out of a store parking lot and T-boned her on the passenger side. Nobody stoped so she could not get any witness's phone numbers. She called the police but they said they will not come out because none of the parties involved was seriously injured. They told her to exchange information and that's it. So needless to say, she doesnt' have a police report. We called our insuracne and he called his, but he gave a totally different scenario. He said she was on the left lane and changed lane and that's why he hit her. He should have waited for her to pass first because she has the right-of-way, right? So now it's his words against her's. And now his insurance is refusing to pay for the damages. The body shop estimated the repair to be around $6000. We don't want to file a claim with our insurance because we 1) feel it wasn't our fault, 2) don't want to risk an increase in our premium and 3) would have to pay the $500 deductible. What can we do to get our side heard through his insurance company because they will not listen to us? If I must, do I have a chance to win in small claim court? Should I take the driver to court or his insurance or the owner of the vehicle because he is not the registered owner?

Please help!

My response:

You said - -

"We don't want to file a claim with our insurance because we 1) feel it wasn't our fault, 2) don't want to risk an increase in our premium and 3) would have to pay the $500 deductible."

Well, then by all means, stand on principle, and continue sitting at your computer doing nothing.

IAAL

 

[jennifer_b_h]

If the gentlemen that hit your wife was changing lanes then he would have been at fault in the accident. I would recommend that first of all you obtain a police report. Now that you know who the at fault party is you can put his information on the report. The police will determine who is at fault and then the other partys insurance company will have to pay. If in the end this does fail- file the claim with your insurance company and they will subrogate (sue) for the damages on your behalf- If they win subrogation the claim will not be held against you.

 

[divgradcurl]

I would recommend that first of all you obtain a police report.

OP said there was no police report.

The police will determine who is at fault and then the other partys insurance company will have to pay. If in the end this does fail

Not true. The insurance company may use the info in the police report to help it determine fault, but the insurance company is not bound by the police report's conclusions. In any event, the OP noted that there was no report made, so this is a moot point.

 

[jennifer_b_h]

Police reports are commonly made after the accident- especially in a case where the person who was at fault left the scene of the accident. It is very helpful to have a report- especially if there are difficulties getting the claim paid.

 

[JETX]

Police reports are commonly made after the accident- especially in a case where the person who was at fault left the scene of the accident. It is very helpful to have a report- especially if there are difficulties getting the claim paid.

Sheeezee... did you even READ the original post??? If you did, you would realize why you post has NO value to the conversation!!!

 

[JETX]

A car pulled out of a store parking lot and T-boned her on the passenger side.

He said she was on the left lane and changed lane and that's why he hit her. He should have waited for her to pass first because she has the right-of-way, right? So now it's his words against her's.

Is the damage to his car on the front end (as in a t-bone) or on the side (as in a change lanes). Seems pretty simple to me!!!
Where EXACTLY is the damage to his car???

Also, kind of telling is that if it happened as he says, why did he not file a claim on YOUR insurance???