Expert: Claims Guy - 3/22/2010

Question
Help! I was hit by a vehicle making a lane change, but his insurance says his story is different than mine and has denied to pay my damages. I was driving my 2000 honda civic in the far right lane of a 3 lane street (both ways) after having just pulled out of a drive about 50 feet back. I was approaching an intersecting street with a stop sign when a 2007 Ford Expedition attempted to make a turn or lane change right at the intersection and his front passenger side bumper hit my front driver's side fender and headlight. His vehicle had damage only to the corner of the bumper cover and mine is from the middle of the fender forward. My car got knocked over to the corner of the intersection and he just proceeded in the right lane, pulling into the next drive ahead. Debris from the incident was at the intersection. The police arrived about an hour after the accident, told us to exchange information and said there would be a file on the event, but he did not make a report or even look at the scene. It was raining and no witnesses stopped. I don't believe I am at fault, but I don't know how to prove it. The adjuster looked at my car, but the driver of the expedition said that I was pulling out of the drive and that he was changing lanes and hit me. My insurance company is sending an adjuster to determine if my liability has to pay, but I don't have collision coverage, so I don't have a way to have my car fixed and don't know how to fight this or if I should! Thank you for your help.

Answer
Unfortunately, lane change accidents happen often and there are often disputes as to what happened.  Either people lie or they remember it differently.  This will be hard to prove.

Your only option is to file a lawsuit against the other driver in small claims court.  You will sue the driver, not his insurance company.  You do not need a lawyer to do this.  Small claims court is informal.  However, the other insurer will be foreced to assign a lawyer to defend the other driver.  They may decide it is worth settling with you to avoid legal costs.

To prove your case, you need to provide both liability and damages.  For damages, bring photos of your vehile along with a repair estimate from a body shop or the insurance company.  For liability, you will testify as to what happened and so will the other driver.  The judge will decide who is more credible.  Photos of the scene as well as a large diagram of the scene might help.  Show the distance between the driveway and the point of impact.  Photos of the debris might prove the point of impact to bolster your case.

Good luck!