Expert: Richard Hixenbaugh - 10/31/2009

Question
I was stopped at a light and was rear ended by a driver. When we exchanged information he said it was his fault. I did not fill out a police report. Since I don't have coverage on my car I'm going through his insurance. His insurance is now reporting that he is now saying he was rear ended and that caused him to rear end me. This did not happen. He is lying. No one rear ended him. This took place in California. Now his insurance company doesn't want to pay because they said their client was rear ended. What should I do?

Answer
Hi Ryan,

Unfortunately there is not much you can do except to file a law suit against the other driver. You will have to prove to a judge that he rear ended you and that no other vehicle was involved. You may need to drive by his house ant take pictures to prove thet he was not rear ended. If the judge feels your story is better than his you may win. If you win then the insurance company would have to pay for your damage.

Now you know, regardless of how simple a situation seems, always call the police to provide documentation of what happened.

I hope this helps
Richard Hixenbaugh