How can you prove whether or not a car was rear-ended on the highway?

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How can you prove whether or not a car was rear-ended on the highway?

The other driver told police that he was hit from behind by another vehicle and pushed into me while stopped in traffic, and that the other car took off. This was not true, we were moving and there was no other vehicle and no damage to the rear of his car. Because the police officer wrote that on the police report, his insurance company is telling me Ihave to find the non-existent 3rd vehicle to get my car fixed. Is there anything I can do?

Asked on October 18, 2010 under Accident Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Also, the distance between the vehicles prior to impact will matter.  If he was following to closely that would be a factor too.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Do you have insurance yourself that will fix the vehicle and then subrogate your claim? If not, you can go and see an attorney in your area and start an action against the driver and the insurance company for coverage on your vehicle.  Have the attorney demand to take photos of his car's bumper asap to shop that there is no damage.  It will be your word against his unless there is some other outside proof.  Some attorneys also use accident reconstructionists but it can get expensive.  Were there any third-party witnesses to the action?  Did you give your side of the story to the police? Let the attorney see the police report and whatever other documentation you have for the accident.  Hopefully he or she can make a case for you. Good luck.


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