I was rear ended. The insurer of the other car accepted liability. a month later they changed their mind after review of a witness statement.

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I was rear ended. The insurer of the other car accepted liability. a month later they changed their mind after review of a witness statement.

I changed lanes in front of a red light. I became established in the lane for 3-5 seconds. I was then rear-ended by a truck that I had seen but judged to be at a safe distance. After reporting the incident to our insurers and making statements the other insurer accepted liability.A month later, while negotiating the payment for repairs to my vehicle, they informed me that a witness statement had been reviewed and they no longer accepted liability.The witness stated they were behind the truck that hit me. I never even saw them. My insurance now says I am at fault. How can this be my fault?

Asked on June 30, 2009 under Accident Law, Oregon

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I think it's time to get a lawyer.  If the other driver's insurance company doesn't reconsider its position, after getting your attorney's letter, you may have to sue the other driver, and let the court make the call.  One place to find a qualified lawyer is our website, http://attorneypages.com

Auto insurance rules differ from one state to another, and the detailed facts are important in a case like this.  You need to have all of this considered, for advice you can rely on.  It may be that the other insurance company isn't allowed to withdraw its acceptance of liability here.


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