Wrongly accused of throwing bottle andhitting car.

[tmaddox]

What is the name of your state (only U.S. law)? Kentucky

We recieved a letter from State Farm Ins. on 8-20-08 on behalf of their client stating a passenger in my husbands car ( being my 15 yr old son) threw a beer bottle over the car and hit their clients car as they passed on the road. Doing 1683.00 of damage. The thing is they didn't do this. These people claim they turned around and followed my husband and got the plate number. They reported it 2 days later, in a civillian collision report. On the report they never put my husbands plate number. This incident took place on 8-9-08, we asked the insurance company why it took so long for them to get with us, they said they had a hard time running our plate. God knows they didn't do this, my husband doesn't even drink, and my son would never litter. They were on that road the same day and this looks bad. We don't want to lie and say they wasn't. But I believe in trying to save ourselves we will have to lie and say they wasn't. As they was going down that road the same day a black car passed his and 2 other cars flying really fast and tried to pass 3 other cars before falling into a curve which prevented them from doing so. I believe this car threw the bottle and the other people just assumed it was my husband because his car is black also. Please can anyone give us advise as what to do here?

[racer72]

Turn everything over to your insurance company along with a strong denial of fault. They will investigate the alledged incident and hopefully for you, make the right decision.

[ecmst12]

Is he being charged criminally as well? Could the people in the other car describe/identify the person who threw the bottle? Did they actually SEE someone throw the bottle, or they got hit with it and then saw your car was the closest? Your insurance company probably wouldn't cover this if he did it, since it would be an intentional/malicious act and not mere negligence, but they should still provide for your defense.

[tmaddox]

Thanks for replying...No he's not being charged crimanlly with anything. They can't describe him or our son, that I know of. They don't even remember passing a vehicle of that sort. Well really it's hard to remember any car for that matter except for the ones in front of them and the one passing all the cars recklessly. The only thing on that civillian report was her jeep sustained damage to windsheild and hood. It doesn't desribe our car at all or who was in our car. They never even put his plate number on it. The insurance office said a passenger in my husbands car threw the bottle over top of the car as they passed on the highway. When I say over top I mean the cabin part. I just pray that they see things our way. Which I believe they will. We have never delt with anything like this before and it makes a person angry that things like this happen. I will keep you'll informed about the problem and I hope my outcome is a good one. It might help someone else who knows..Thanks to everyone.