rear ended, filed claim with driv insur co, then driver said some 1 hit her and then she hit me, not true. now her insur will not pay for my car. sue?

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rear ended, filed claim with driv insur co, then driver said some 1 hit her and then she hit me, not true. now her insur will not pay for my car. sue?

Asked on July 1, 2009 under Accident Law, Arizona

Answers:

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have your own insurance?  If so, make a claim with your insurer to take care of the damage to your car.  Then your insurer will subrogate against (make a legal claim for reimbursement from) the other driver's insurance carrier.  At least you'll be taken care of.  If you have no insurance, you should probably hire a lawyer to help you with this one since liability is being disputed.  If there is a police report, get a copy of it.  It would say if there was another driver that hit the one behind you.  She would have mentioned that at the scene.  And there should be some damage to the rear of her car.

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have your own insurance?  If so, make a claim with your insurer to take care of the damage to your car.  Then your insurer will subrogate against (make a legal claim for reimbursement from) the other driver's insurance carrier.  At least you'll be taken care of.  If you have no insurance, you should probably hire a lawyer to help you with this one since liability is being disputed.  If there is a police report, get a copy of it.  It would say if there was another driver that hit the one behind you.  She would have mentioned that at the scene.  And there should be some damage to the rear of her car.


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