Expert: Bennie719 - 2/7/2008

Question
Hi There,  I
I got into an accident a month ago- boy in his 20's was reversing on a street- I beeped at him- as to no avail he continued backing-I swirved my vehicle to the right so that I would avoid him hitting me- he hit into me anyway.  I did not call the police- we agreed he would pay for me damages.  Next day his insurance company calls and he reported that i backed into him, and is lying.  I got a witness and apparently he now has one too, but from the way my car was hit and his dent- his story is completely bogus. This boy is looking for trouble and his insurance company is only offering me 50% of the $ to fix my car.  I am not sure what to do. I don't have collision, only liability, but he is not filing anything with my insurance company.  Should I take him to small claims court?  Can I somehow settle it with the insurance company? Can I get an expert to analyze my car on the way it was hit?  What can I do?  I feel that the insurance company is not seeing the evidence here as they didn't even look at his vehicle.

Answer
Hi Janie,
Both insurance companies are required to accept the statements of their clients as being truthful unless the facts prove otherwise.
His witness statement tends to cancel your witness statement.
Your own insurance company should be willing to inspect and analyze the damage to both cars and determine that it was impossible for you to back into him.  By doing this, they can deny his claim, which would allow you to file small claims court action against him and use their inspection as evidence in your case.
I hope this has been of help.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area