Frustrated....advice please..asap

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

So I was involved in a car accident. It was a one-way street with 3 lanes.
I was driving in the far left lane the other vehicle was in the middle lane. I was driving straight then all of the sudden the other vehicle driving in the middle lane swerves into my lane. I swerve away from her trying to avoid an accident but she continued to merge into my lane and hit the passenger side of my car. After calling insurance and telling them what had happened. The next morning her auto insurance calls me and tells me that our stories were different. The other driver told her auto insurance that i hit her and that she was not trying to change lanes. After hearing that I got frustrated because she switched the story around. I was driving 2008 nissan rouge (damage- dent in passenger side, caused back tire to blew out). Other driver was driving 1990 toyota tercel (damage- driver side front corner bumper, driver side headlight). How will the adjuster determine who was at fault? Will they look at the car damage to help determine? The other driver should be responsible but she is changing her story. I made a mistake in my part by not getting a police report. By the way other driver was an elderly person she seemed nice but I guess you can't trust anybody.

File the claim with your insurance company, let them defend you and attempt to get money back from the other driver's insurance. They may not succeed, since it is just your word vs hers, but they will try. Meantime you will only be out your deductible.

A police report would make no difference, only a witness would help you.

ecmst12 said:

File the claim with your insurance company, let them defend you and attempt to get money back from the other driver's insurance. They may not succeed, since it is just your word vs hers, but they will try. Meantime you will only be out your deductible.

A police report would make no difference, only a witness would help you.

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Can my passenger at the time of the accident be a witness?

(what is all that jargon before my post??) I bet she told you too that it was her fault and not to worry about contacting the Police as she will take care of everything.

You're SOL. While slightly possible your insurance recovers, I really I wouldn't get your hopes up that you will see your deductible back.

However, if you ever see an accident in the future, pull over and give your card/wait for the Police. God knows I will just for this reason.

ecmst12 said:

A police report would make no difference, only a witness would help you.

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After the fact no. But if one was called to the scene she might have had trouble lying to the face of uniformed Police officer.




Edit - a Passenger isnt going to be considered an unbiased witness.

No, a witness needs to be uninvolved and with no prior relationship with either driver for his/her testimony to be of any value.

If you had called the police, then they would have had the oppertunity to look at where all the little car parts landed and would have had a reasonable chance to decide who changed lanes.

IF an officer came to the scene AND the vehicles weren't moved before he got there, maybe. And maybe the other driver would have told the officer something different. But since 99% of the time a police report is just a record of what each driver said (they rarely do any actual investigating unless there was a death or serious injury resulting), she STILL could have gone back and given her insurance company a different story and they would have had to back her up.