No hit and run charges

[Bale mido]

What is the name of your state? California

I was going straight on the highway and a driver (to my right) changed lane toward me without seeing me. I avoided the incident and his car barely touched the front left of my car, i was trying to avoid the collision. So, i lost control and swerved right then left toward the divider. i ended up hitting the wall but luckily no serious damage. i did x-rays on my shoulders and back since they were hurting me and the doctor recommended it. Anyway, the driver run away after the incident, so luckily a kind person followed the driver and got his license plate. The witness reported exactly was i claimed. So, the police got the driver and since the driver and his lawyer claimed that he wasn't aware of the accident, he wasn't charged with a hit and run. The police report says that the driver was the cause of collision violation due to an unsafe lane change. Since i'm a nice person i didn't want any person to go to jail, i was ok with just settling the reimbursement with his insurance. However, The issue is that the driver's insurance wouldn't reimburse me at all since the driver claims that he wasn't responsible at all. What should i do ???

 

[PayrollHRGuy]

Lawyer up and sue the driver that hit you. P.S. Never write or say again that "I avoided the incident...". You didn't hit you.

 

[Bale mido]

Lawyer up and sue the driver that hit you. P.S. Never write or say again that "I avoided the incident...". You didn't hit you.

Thank you for your response!! but what if there was no contact, what could happen then ?? in other words, can i still sue him even if he can proves that i didn't touch his car?

 

[not2cleverRed]

Thank you for your response!! but what if there was no contact, what could happen then ?? in other words, can i still sue him even if he can proves that i didn't touch his car?

"Barely touching" is still touching.

Oh, and car insurance covers accidents. Car assurance? Not a thing.

 

[PayrollHRGuy]

Thank you for your response!! but what if there was no contact, what could happen then ?? in other words, can i still sue him even if he can proves that i didn't touch his car?

First, you, or more importantly he, can't prove a negative. If you can't prove that he came in contact with your car it will be harder to prove that he was at fault in any way.