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In an accident, now other party lying

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AccidentMagnet

Junior Member
What is the name of your state (only U.S. law)? TX

Hello -

I was involved in an accident where a driver running a red light ran in to me. I was sitting at a red light, light turned green, I let off the brake and touched the accelerator. I saw out of my right eye someone approaching the intersection at a higher rate of speed than what would be required for them to stop at the red light so I immediately applied my brakes and the guy didn't see me at all, he ran in to me and ripped my front bumper off. When he impacted my vehicle his driver side right front wheel bent a little bit and his car was no longer drivable.

We exchanged insurance and did all the normal things. I got on OnStar and requested police assistance. Traffic officer arrived, took initial statements then the accident investigator arrived. Accident investigator took statements and then told me that the other driver said they had a green light. I told him that was false but absent any third party witnesses it's my word against theirs.

My cell battery had died and I was less than 2 min from my house so I drove my car away, parked it, swapped cell batteries and ran back to the scene. With my blackberry in hand in video mode I approached the driver and told him that the police were telling me that I had a reg light. I told him that if his insurance company makes it out to be my fault my [to be retained] attorney would be "this far" (as I point to my arm and shoulder) up his ass (come to find out the insurance company would represent me and I wouldn't need to use an attorney). He said no reason to do that. I indicated that immediately after the accident we made eye contact and I pointed to the light and he clearly had a red light which he then repeated "I had a red light" .. then he said "Your car will be repaired" and a few other things.

Long story short, he's now lying to insurance saying he had a green light and I had the red. His super up-standing passenger has retained an attorney and she says she has injuries from this low-speed minor accident. I spoke with my insurance company and they said they are more than likely going to deny their claim and I'm sure his company will deny their claim even though I have a video saying they have a red light.

My question is should I just let the insurance company attorney work on this or should I try to seek legal advice about what to do in this situation? I don't want to see my insurance company settling something with the other insurance company when it was in no way my fault this accident happened. I'm worried about them dropping me (I've had 2 other accidents in the last 2 years, both were deemed no-fault but I'm sure they think I'm high risk now) .. I just don't know if any attorney will look at the video and think I have something on this or if it's even worth it... just lost :confused:
 


ecmst12

Senior Member
You have video of you coercing a probably false and certainly inadmissible "confession" out of him. He may not be lying, he may in fact believe that his light was green when he entered the intersection. What you did was stupid and wrong. If you're lucky, you won't be charged with anything criminal for your stunt. So it's your word against his and you both think you are right. That's why you have insurance, sometimes bad things happen and you can't prove it's someone else's fault. Life sucks sometimes. You each get to pay for your own damages and call it a day.
 

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