Hit-and-Run driver now says I hit him after he told police he wasn’t aware of any accident and his insurance isn’t covering my car. Options?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Aug 4, 2010

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Insurance Question from San Antonio, TX

Asked on 08/04/2010

Hit-and-Run driver now says I hit him after he told police he wasn’t aware of any accident and his insurance isn’t covering my car. Options? I was waiting at a stop light, the car infront was unable to fully merge left causing the Right rear end of his vehicle to partially block my lane from moving. The light turned green however his vehicle rolled backwards as if driving a standard improperly or a dead car not having the break applied in time. He drove off, I did get his license plate.He is insured, told the officer he was unaware of an accident, but told his insurance I hit him after I filed the claim through them, State Farm. Therefore, they are not covering my damage. What are my options through HIS insurance, mine is USAA?

Answer given on August 04, 2010

The police report should support your version of the incident. I would recommend that you go through your insurance company and let them work out settlement with State Farm.  I am presuming you have collision insurance on your car.  USAA will pay for damages to your car, less the deductible.  If they are successful at getting State Farm to reimburse them for your damages, you will get your deductible back. If they only get a percentage of reimbursement, you will be reimbursed the same percentage.

When you speak with USAA be sure to tell them there is a police report on the incident.  I presume you have confirmed with the police that the other party told them he didn’t know there had been a collision. 

If there is no police report, or if the report disputes your version, you may be held responsible for the collision since it appears the damages are the rear of the other person’s car vs the front of your car, which implies a rear end collision on your part.

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