What are my options if an accident was the other party’s fault yet they have spun an implausible scenario that their insurance company has taken as the truth?

The police at the scene filed no report (partly on my naivety as to how these were handled, never been in an accident before). So all I have is his word against mine. From the statement he made to my insurance company there is no way possible for the incident to happen they way he described. Now I’m stuck paying to get my car fixed. Is there anything legally I can do?

Asked on November 26, 2013 under Accident Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, you can sue him, if you believe he was at fault, for your losses (such as the cost to repair your car); you could also sue your insurance company if you believe that they are violating their obligations to pay you when they should. You would sue him for negligence (driving carelessly); you would sue the insurer for breach of contract (since that is what an insurance policy is--a contract--and they have to pay under the terms and conditions of the policy).


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