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QUESTION: i was involved in a car accident on Thursday where i was exiting a shopping center and awaiting to clear traffic when the car behind me started beeping at me..as i started to make the turn he took the inbound lane into the shopping center to exit and and make his right hand turn...as he finished his turn and ended up infront of he started to use indecent language and sticking up his middle finger..as I ignored him he started to play stop and go games on the road...stop go stop go till he came to a complete stop unexpectedly and i reared him...i wasn't traveling more than max I'm but that did great damage to my car as he had a tow bar and nothing happened to his car...as far as i concerned he instigated the accident...when the police was called they said to me that was conflicting stories to take it up with the insurance company...as i'm only third party holder they allowed me to lodge the claim on the basis that they will hold exsess....unfortunately there is no witnesses and he is blaming me as being on the phone at the time of the accident...i had 4 kids in the car with me and there is no way that i would put their life at risk...so what would you think...

ANSWER: Hi Sally,
Sad to say, but you will be found 100% at fault since you have no witness. You need to report this to your insurance company, let them pay the jerk and then go on with your life.
There are too many people with 'road rage' on our streets today to risk yourself and your children.  If a situation like this ever happens again, drop back in traffic or pull over to the side until that driver is gone.
I hope this has been of help, please write again if I can provide more assistance.
Your feedback by rating my answer will be appreciated.
Sincerely,
Bennie
San Francisco Bay Area 12-15-07 7:08 AM PST

---------- FOLLOW-UP ----------

QUESTION: today i got a call from a lady that happened to be the 3rd person to exit the shopping centre...as it happens she saw the whole incident and she is whiling to come forward as a witness...she got my details from centre managmnet as i left my contact details later that day... my question is now is it to late to contact the insurance company to tell them about the witness or is it to late...when i last spoke to them they had told me that if any witnesses came thru that i should notify them....do you think that this will help my case or will it incriminat me as its been a few days....thank you for your time...

Answer
Hi Sally,
Call your insurance immediately and inform them of the witness.
This could make a world of difference toward putting the other jerk at fault and being able to recover all your damages from his insurance company.
There is nothing like the sweet smell of revenge, and I hope you get yours.  Please write again if I can be of more help.
Sincerely
Bennie
12-16-07 10:02 AM PST

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Bennie719

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I have extensive knowledge in Personal Auto, Homeowners Insurance and Personal Umbrella coverage. I am also thoroughly familiar with claims handeling procedures. Will answer questions related to the above.

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Experience in the area: Served as an expert at askme.com from 7/2000 thru 10/2002 in the catagories of general insurance, auto and home insurance. Answered 422 questions before that site closed. Licensed in California since 1961, first in Life and Health for 2 + years and as a Property/Casualty Agent/Broker since 1964. I sold my business and took early retirement in 1998. Still maintain a valid California Property/Casualty Agent/Broker license. I have been a volunteer at allexperts.com since 2002. I can provide assistance in the following fields: Property and Casualty Insurance, Insurance Law, Auto Insurance Claims.

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