What to do if I was not at fault for a car accident but the other driver is saying that I was?

UPDATED: Apr 10, 2013

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What to do if I was not at fault for a car accident but the other driver is saying that I was?

I am licensed and insured. I had the right of way and the other driver pulled out of a parking lot and cut me off. I tried to avoid the collision but swerving into the other lane, but they turned and I hit them anyway. The driver was an uninsured driver with no license. However, it was his sister’s car and she is insured and licensed, so I agreed to go along with the story that she was driving, in hopes that my car would actually get fixed, rather than having to sue him for money that I knew I would not get. I called the police when the accident happened, however they do not do accident reports in Indiana anymore. The woman is telling my insurance company that it was my fault.

Asked on April 10, 2013 under Accident Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

First, tell your insurer what you believe happened; don't let her put the only version of events out there.

Second, if you are out-of-pocket for any losses--anything not covered by your or her insurer--you can sue her for the money; in the lawsuit, you'll have the chance to try to prove to the court, such as through your testimony, that she was at fault, just as she'll have the chance to try to present and prove her version of what happened. If you can prove to the court that it is more likely than not that she was at fault, you should be able to recover get a judgment against her.

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