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Hi, I’m in New York State.
I was in an auto accident on March 21st. I changed lanes and had to stop short for pedestrians that were in front of the car I changed lanes for. I came to a stop from 10 miles an hour to stop, and the car behind me hit me. Police report was filed, pedestrians, car behind me, and myself…all had same story. I thought it was pretty cut and dry.
Driver that hit me, his insurance company called me and stated his story is now different. Saying I hit him as I was changing lanes, so they are holding to 0 liability on his part and they are not going to pay for my damage 1500 since my rear bumper is now cracked. He is going through is own insurance company for his damages I would think that’s a red flag since he’s blaming me, but whatever, and my insurance company seems uninterested in fighting it.
So what now? Both insurance companines have reached out to the pedestrians to get another statement, but neither have returned calls. Shouldn’t they have to go by police report if then?
I don’t want to pay my deductible out of pocket, and have my insurance go up for something I didn’t do
Thank you for your time.
Asked on May 15, 2018 under Accident Law, New York
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the at-fault driver: you don't have to accept what he or his insurer claim to be the case. If you can prove in court that he was at fault (such as by credible witness testimony, including your own, though it would be *very* helpful to get other witnesses corroborating you), you can get a judgement requiring him to pay any amounts not paid by your own insurance (such as your deductible)--at which point his insurer will most likely pay for him. For around $1,500, suing in small claims court, as your own attorney or "pro se," is most likely your best option.
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