OT: Need Some Help..... Wife Had Car Accident

JackB1 · Post by **JackB1** » Thu Mar 13, 2008 1:55 pm

I am hoping someone can offer some advice here.

Basically, here's what happened. My wife had a car accident the other day. She is fine, but here's the problem. She had just gotten off the highway and
came up to a light. She was sitting there waiting to make a right and a woman in a SUV hits her from behind. There is a nice dent in the hatchback (She has a Mini Cooper) above the bumper. The car is driveable, but we are afraid to try and open the hatch because we may not be able to close it again. The women was all nice to my wife after the accident...admitted it was her fault and everything. Now a few days later, my wife finds out that this woman changed the story around on the police report. She now claims my wife rolled backwards into her! She is just out and out lying like crazy.

So what do we do now? My wife's insurance company shouldn't have to pay for this and also she has a $1,000 deductable. What is this women's motivation for lying? Is it just so her rates don't go up? Do we now have to take her to small claims court to battle this out? It's almost impossible for the accident to happen as she says. Mu wife would have had to stop...put the car in reverse and speed into her to cause that amount of damage to her own car. So now we have to wait forever to fix the car.
The biggest problem with that, is not being able to open the hatchback. We use it for grocery shopping and everything and it will be a major pain.

My wife just called me up all crying and hysterical because this women is now putting us thru hell to get our car fixed. What do we do? Basically, what can anyone do when someone lies about how the accident took place and there were no other witnesses? She lives locally. I was wondering if we should go try and talk to her in person. Maybe try and secretly record what she says and see if she slips up and says anything that contradicts her story? This really sucks....

Inuyasha · Post by **Inuyasha** » Thu Mar 13, 2008 2:00 pm

Go thru the local PD and get a lawyer.

dbdynsty25 · Post by **dbdynsty25** » Thu Mar 13, 2008 2:09 pm

Is it insensitive to laugh?

You're gonna spend more on a decent lawyer than your 100 dollar deductible. What does that tell you? File the police report...see what happens. The police will investigate and rule accordingly.

fsquid · Post by **fsquid** » Thu Mar 13, 2008 2:17 pm

police will probably come back with a 50/50 ruling since there were no witnesses. Just go through the police and you're insurance will pay anything over the $1000

Inuyasha · Post by **Inuyasha** » Thu Mar 13, 2008 2:19 pm

Usually the person from behind is at fault and the cops will know if they are bs'ing them. I think they will take your side of the story. Wouldnt make sense to reverse back in that situation.

Gangrel · Post by **Gangrel** » Thu Mar 13, 2008 2:35 pm

Here in my province it's law to report any accident over $1,000. File the report with your story, get the police report number, and then report that to the insurance company.

I think the insurance companies will then duke it over over who's fault it is based on the police.

JackB1 · Post by **JackB1** » Thu Mar 13, 2008 2:53 pm

dbdynsty25 wrote:Is it insensitive to laugh?

You're gonna spend more on a decent lawyer than your 100 dollar deductible. What does that tell you? File the police report...see what happens. The police will investigate and rule accordingly.

It's 1,000, not 100 deductable. She filed the police report when the accident happened. The police automatically investigate these cases? I thought they just filled out the report for the insurance companies and then they are done?

dbdynsty25 · Post by **dbdynsty25** » Thu Mar 13, 2008 2:57 pm

JackB1 wrote:
dbdynsty25 wrote:Is it insensitive to laugh?

You're gonna spend more on a decent lawyer than your 100 dollar deductible. What does that tell you? File the police report...see what happens. The police will investigate and rule accordingly.
It's 1,000, not 100 deductable. She filed the police report when the accident happened. The police automatically investigate these cases? I thought they just filled out the report for the insurance companies and then they are done?

I meant to type 1,000, my bad. It's still cheaper than a lawyer. And yes, if you get conflicting stories, the police will investigate and then write their own report. The insurance company will base their ruling on their findings.

JackB1 · Post by **JackB1** » Thu Mar 13, 2008 2:57 pm

fsquid wrote:police will probably come back with a 50/50 ruling since there were no witnesses. Just go through the police and you're insurance will pay anything over the $1000

thats the whole thing we are trying to avoid! The woman slams into her and WE have to pay $1,000??? WTF? How is that fair? Would you just go ahead and pay $1,000 for something that was ZERO your fault? HER insurance company should pay, but I dont think they will if there are opposite conflicting stories.

Danimal · Post by **Danimal** » Thu Mar 13, 2008 2:58 pm

You have a $1000 deductible?

How did the women file a police report if no officers came to the scene? Did she go into a station, that's highly unusual in my experience for that to happened unless she is claiming hit and run.

I'd have your wife file her own report, but you're pretty much screwed now as it is she said / she said. Next time call the cops to the scene.

I'd also investigate a better insurance company. $1000 deductible good lord.

dbdynsty25 · Post by **dbdynsty25** » Thu Mar 13, 2008 3:01 pm

Danimal wrote:I'd also investigate a better insurance company. $1000 deductible good lord.

Thanks asshole, another thread.

Post by **ScoopBrady** » Thu Mar 13, 2008 3:19 pm

Enough with the potshots db.

Leebo33 · Post by **Leebo33** » Thu Mar 13, 2008 3:36 pm

My deductible is a $1,000. You save a substantial amount in insurance premiums that more than makes up for the difference over the long haul.

http://www.smartmoney.com/consumer/inde ... ce&pgnum=2

JackB1 · Post by **JackB1** » Thu Mar 13, 2008 3:38 pm

Danimal wrote:You have a $1000 deductible?

How did the women file a police report if no officers came to the scene? Did she go into a station, that's highly unusual in my experience for that to happened unless she is claiming hit and run.

I'd have your wife file her own report, but you're pretty much screwed now as it is she said / she said. Next time call the cops to the scene.

I'd also investigate a better insurance company. $1000 deductible good lord.

I never said no officers came to the scene. She did call the cops to the scene. The cops took my wife's statement and then the other woman's. My wife went to the police station today to get a copy of the police report and that's how she found out that the other woman is now lying. I didnt see the police report yet, but my wife says it has her statement, the other womens statement and a diagram the cop drew and some letters and numbers the cop wrote. There isn't a "cops narrative" on the police report.

pk500 · Post by **pk500** » Thu Mar 13, 2008 4:04 pm

Leebo33 wrote:My deductible is a $1,000. You save a substantial amount in insurance premiums that more than makes up for the difference over the long haul.

http://www.smartmoney.com/consumer/inde ... ce&pgnum=2

I'm with Leebo. Mine is at least $500 -- might be $1,000. I must ask my financial wizard -- the frau. I know my deductible on homeowners is $1,000.

Big shock coming from me, eh? But it does save mucho dineros over the long haul.

Good luck on your predicament, Jack. Glad your wife was unhurt.

Take care,
PK

Nozzleman_216 · Post by **Nozzleman_216** » Thu Mar 13, 2008 4:14 pm

As already stated Jack, file the report with the police as it happened. Just from what I have seen/heard and from cops that hang around the firehouse, 99% of the time a rear end accident is at the fault of the behind driver. The other case would be if someone is backing and hits someone. Unassured clear distance is almost always the citation. My wife was in a rear-end collision last year when she abruptly stopped for a car that didn't use a blinker or used it late and she had to slow/stop to avoid hitting said car, the person that hit her was at fault.

You should have nothing to worry about! IF her car rolled backwards at an uphill intersection (manual transmission) then that too should fall under unassured clear distance and the driver that hit her is at fault. No worries bro! I would be willing to bet some cash on this one

Rodster · Post by **Rodster** » Thu Mar 13, 2008 4:14 pm

Inuyasha wrote:Usually the person from behind is at fault and the cops will know if they are bs'ing them. I think they will take your side of the story. Wouldnt make sense to reverse back in that situation.

Ding, ding, ding we have a winner. That is the correct answer. In the State of Florida any rear end collision without any witnesses present always goes to the trailing vehicle. So if the accident took place in Florida Jack's wife would be innocent without any witnesses.

In Florida you are found guilty even if someone slams the brakes in front of you. If you hit the car in front it's still your fault.

JackB1 · Post by **JackB1** » Thu Mar 13, 2008 4:47 pm

Rodster wrote:
Inuyasha wrote:Usually the person from behind is at fault and the cops will know if they are bs'ing them. I think they will take your side of the story. Wouldnt make sense to reverse back in that situation.
Ding, ding, ding we have a winner. That is the correct answer. In the State of Florida any rear end collision without any witnesses present always goes to the trailing vehicle. So if the accident took place in Florida Jack's wife would be innocent without any witnesses.

In Florida you are found guilty even if someone slams the brakes in front of you. If you hit the car in front it's still your fault.

We are in Georgia now.

This woman is claiming my wife rolled backwards into her. My wife has a auto transmission, so that would involve her putting the car in neutral.
It would also need to roll a good distance to build up enough momentum to to the damage that took place. My wife also has a light cat (mini). Nothing she is claiming makes any sense. The problem with all this is that we have to now battle it out.

Danimal · Post by **Danimal** » Thu Mar 13, 2008 4:52 pm

JackB1 wrote: I never said no officers came to the scene. She did call the cops to the scene. The cops took my wife's statement and then the other woman's. My wife went to the police station today to get a copy of the police report and that's how she found out that the other woman is now lying. I didnt see the police report yet, but my wife says it has her statement, the other womens statement and a diagram the cop drew and some letters and numbers the cop wrote. There isn't a "cops narrative" on the police report.

Ok hold on a minute. The officer was there and took reports from both your wife and the other women, they were conflicting and he didn't mention it at that time?

I'm just going on a recent experience because last summer I had an accident in a parking lot and he took both our reports and I knew what the other person was saying before I signed mine. He told me what was being said and I signed it and he gave me a copy right there.

Also he told me there were no tickets to hand out because it was on private property. However if it was on a street for example he could possibly issue a ticket.

You're saying the officer took two reports that were conflicting and went on his way? Did your wife sign the report?

greggsand · Post by **greggsand** » Thu Mar 13, 2008 6:40 pm

I once went to a police station to file a report for something very similar. The cop said "you realize you're doing what you pay your insurance company to do? That's why u pay them every year." Good point. So, I worked it out with the insurance company (geico) & they sicked their dogs on the person. My $500 deductible was later reimbursed after the dirtbag's insurance company admitted fault. My rates did not change (it was my first-ever claim as well).

Good times....

JRod · Post by **JRod** » Thu Mar 13, 2008 6:42 pm

Call up your insurance company. If you think they changed their story to blame your wife. You will need to get an attorney. But they will take a percentage of the award.

Rodster · Post by **Rodster** » Thu Mar 13, 2008 6:48 pm

Yup what Greg is trying to say is that women who hit your wife is attempting insurance fraud. Let your insurance company know that as that usually does the trick.

That usually sets their investigative team into motion.

wco81 · Post by **wco81** » Thu Mar 13, 2008 7:28 pm

My mother was hit in a parking lot. The other party changed their story later too.

Police said it happened on private property.

Not sure what happened to her insurance premiums but it was settled as a no-fault kind of a deal.

I got the sense the insurance company would rather go the path of least resistance and both insureds end up paying more.

K_Mosley · Post by **K_Mosley** » Thu Mar 13, 2008 11:02 pm

I work in the insurance industry...

I would advise talking to your insurance company. Let them do the legwork. You can pay your deductible and get your car fixed now, and the first $1000 the insurance company gets back from the negligent party (assuming that all goes your way) will go back to you. If you don't have the grand, you can wait for the other party to admit fault. Based on what you're saying, it sounds pretty reasonable that they will, but it will take longer for you to get your car fixed.

If things don't go your way, then I'd get a lawyer involved. At this point, though, I think you'd be wasting your money. Insurance adjusters are pretty good at figuring out what happened, based on the stories and the damage. Believe me, it's like prison - everyone's "innocent" when filing the claim, LOL... They will probably be able to tell that your wife didn't cause the damage by "rolling" into someone from a close distance with an automatic transmission on a flat road, and the other company will know it, too. They won't want to go to court if it's that obvious. They'll just pay it.

Good luck!

JackB1 · Post by **JackB1** » Fri Mar 14, 2008 3:10 pm

Danimal wrote: Ok hold on a minute. The officer was there and took reports from both your wife and the other women, they were conflicting and he didn't mention it at that time?

I'm just going on a recent experience because last summer I had an accident in a parking lot and he took both our reports and I knew what the other person was saying before I signed mine. He told me what was being said and I signed it and he gave me a copy right there.

Also he told me there were no tickets to hand out because it was on private property. However if it was on a street for example he could possibly issue a ticket.

You're saying the officer took two reports that were conflicting and went on his way? Did your wife sign the report?

Yes. My wife told the cop what happened and then the cop said thanks and told her she could leave. The other women then came up and gave her story to the cop. My wife picked up a copy of the completed police reports a few days later at the police station. That's when she found out the woman lied and changed her story. I don't think she got any copy on the spot. The cop entered everything into his laptop and told them the report would be available in a few days. I guess they do things differently in different states.