What do I do when the other party lies about fault in an accident?
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What do I do when the other party lies about fault in an accident?
I was in a minor car accident about 6 months ago. The other driver lost control in the snow on the interstate and hit my side. I called the police and my insurance agency. I took pictures at the scene, the other driver admitted fault in the presence of an officer who happened to be driving by at the time. He was a county officer, so that wasn’t his jurisdiction and he did not take a police report. He said the state police would be slammed because of all the snow accidents and to just exchange information and settle up with our insurers. I found out later that the other driver lied to his insurer and said he wasn’t even involved in the accident. My insurer took it to arbitration which resulted in nothing. Now I’m liable for my $1,000 deductible, the points on my license and the upcharge in my premium none of which I can afford. I don’t know what to do. Is there anything that can be done?
Asked on June 5, 2019 under Accident Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
There is probably nothing you can do if you (or your insurer on your behalf, at any rate) lost in arbitration: the outcome of arbitration is as binding as the outcome of a court case, so even if wrongly, there was a determination that he was not at fault. If there had been no arbitration, just a claim denied, you could have sued the other driver and sought a court determination of fault, but if there was arbitration, there was already a binding determination of fault.
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