What to do if someone hit my car and admitted what they did to the police but they are now changing their story and their insurance is refusing to pay?

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What to do if someone hit my car and admitted what they did to the police but they are now changing their story and their insurance is refusing to pay?

The police didn’t take a report because there were no injuries but did get a recorded statement from the responsible driver admitting what he did, which the police agreed showed him being at fault. Now his insurance carrier is claiming he was stopped and wasn’t at fault, disagreeing with the statement to the police. I’m having difficulty getting the recorded message from the police and have lost $5,000-$7,000 in diminished value in my car after the repairs. How can I hold the guilty party responsible for fault and for covering the value my car lost from the damages?

Asked on December 30, 2011 under Accident Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a person admitted to law enforcement that he or she hit your vehicle causing damages and the insurance carrier for that person is now refusing to try and settle the claim because its insured has not changed his or her story, you need to get a copy of the police report about the incident.

Most likely the police report will make reference to the admission of liability. If so, then the admission will be of great assistance to you in trying to settle the claim. If you have insurance for the incident, I suggest that you advise your carrier of the incident as well.

If you cannot get a settlement with the other party's insurance carrier, you may have to consult with an attorney who practices law in the area of property damage as to your recourse to resolve the dispute.


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