Can I sue the other driver if her insurance company denied my claim? 35 Answers as of May 31, 2013

A woman stopped in the middle of the road, hit reverse, and backed into me, totaling my car. Her insurance company is denying my claim because she lied and said I hit her. Would I have any chance to sue or file charges for insurance fraud? The adjustor said the damage could've been caused either way and they would obviously want to deny the claim on their client. Although police did not file a report, I do have my 911 recording from the accident scene with me saying she hit me.

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Lombardi Law Firm
Lombardi Law Firm | Steve Lombardi
Damn right you can. Why was she stopping in the middle of the road? Any witnesses to support your version of the facts? Any soft spots in her testimony? It's what lawyers call a liar's contest! Did! Did not! Did to! Didn't! Prove it!
Answer Applies to: Iowa
Replied: 12/7/2011
Touchstone Law Firm, LLC
Touchstone Law Firm, LLC | Dmitry David Balannik
You can sue. However, you are not likely to win. How are you going to prove that this person hit you while reversing.
Answer Applies to: District of Columbia
Replied: 12/6/2011
Law Office of William L Spern | William Spern
Yes, you can sue but you must have injuries that amount to a "serious impairment of body function, or permanent serious disfigurement". You can only sue for damages to your car up to $500.00. Why didn't the police file a report? By law, they must prepare a UD-10 for any traffic accident. The fact the the other driver has a different story only creates a question of fact to be resolved by a judge or jury. You should contact an attorney if you have serious injuries.
Answer Applies to: Michigan
Replied: 12/5/2011
Meyer & Kiss, LLC | Daniel Kiss
Yes, you can sue. The other driver's insurance company does not get to decide that for you. With the help of a lawyer, you may be able to settle the matter without filing a lawsuit. You hit the nail on the head when you said that the adjustor has a reason to deny the claim. They are hoping you will give up and leave it at that.
Answer Applies to: Illinois
Replied: 12/3/2011
Wilson & Hajek,LLC, a personal injury law firm
Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
In a personal injury claim with a factual dispute on liability, you may have trouble finding a lawyer who is willing to handle the case unless there are some facts in your favor. Lawyers will handle difficult cases but here needs to be a compelling reason. The 911 recording helps, but you probably need more ammunition if you are going to win your case. Of course, you can pursue it on your own and if the damages are not extensive, you can proceed in small claims court. If your injuries are serious and there is coverage, you should consult a lawyer to help you develop the facts.
Answer Applies to: Virginia
Replied: 12/3/2011
    Law Office of Joshua Pond | Joshua Pond
    It sounds like you have every right to fight this and be compensated for you loss. It appears the other driver is patently at fault and you are the victim of the insurance company as well as the other driver.
    Answer Applies to: Oregon
    Replied: 12/3/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You have a he said she said situation. Insurance companies usually don't pay those claims because they figure they have a 50/50 chance to win. That should not stop you from suing the driver. If the jury believes you, you win.
    Answer Applies to: North Carolina
    Replied: 12/3/2011
    Rose, Senders & Bovarnick, LLC
    Rose, Senders & Bovarnick, LLC | Paul S. Bovarnick
    The fact that the other insurer is refusing your claim means little. After all, insurers don't make money by paying claimants. They make money by collecting premiums and not paying anyone. The facts you describe show that you do not have an open and shut case. Fortunately for you, there might be other facts that could support you. You should talk to a lawyer to sort through the evidence and decide what to do.
    Answer Applies to: Oregon
    Replied: 12/2/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    Yes, you can sue. If you put the claim on your own insurance (if you have that type of coverage), your insurer might sue her.
    Answer Applies to: South Carolina
    Replied: 12/2/2011
    Michael J. Sgarlat Attorney at Law | Michael Joseph Sgarlat
    Accident victims should get the names, address and contact numbers from any witness to the occurrence before they leave the scene. People often say "I'm sorry, it's my fault" and then tell their insurance carrier a totally different story. Good luck, you have a difficult case to prove unless you can prove that she's not credible. Perhaps she has a criminal record for lying, stealing or cheating.
    Answer Applies to: Virginia
    Replied: 12/2/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Get the lawsuit forms from the clerk of your local Justice Court. Fill them out, file them with the court and then pay to have the summons served on the defendant. That will bring some action. Go to court if they don't settle and tell the judge what happened and have all your written proof in hand.
    Answer Applies to: Montana
    Replied: 12/2/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Did you report the accident to your insurance company? If not, you should do so immediately. Also, you may want to consult with an accident attorney for sound legal advice and the legal actionyou should take, if any, regarding the accident.
    Answer Applies to: Indiana
    Replied: 12/2/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    In any case you would sue the driver for your accident and the insurance company would defend her. When you take insurance coverage out, you are insuring yourself that if you are sued the insurance would provide a defense. The insurance company would consider their insured's view of how the accident occurred, the facts of how the accident occurred, and any other evidence that they seem fit in determining whether they would pay out on a claim. All claims can be disputed in court. a 911 recording with your statement, would only give your account of how the accident occurred.
    Answer Applies to: New York
    Replied: 12/2/2011
    Joel H. Schwartz, P.C.
    Joel H. Schwartz, P.C. | Steven A. Schwartz
    This is a tough one. Unfortunately, these types of cases are often very difficult to prove, because it is one person's word against another. You may be telling the truth, but what matters is believed. Typically, an insurance company will take the word of their insured unless there is evidence to the contrary (and I don't mean your testimony) - an independent witness, for example. Usually, you can get the insurance company to pay 50% of the damages because there is really no way to definitively prove who caused the accident. If you are more credible, you can certainly fight the determination and have an arbitrator decide the case. Bear in mind that you could lose as well.
    Answer Applies to: Massachusetts
    Replied: 12/2/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    Yes, you can sue her but bear in my that in Florida there is a rebuttable presumption that the car in the rear caused the accident...it is rebuttable, but she has the edge. Your 911 recording would probably not be admissible because it is a self-serving statement.
    Answer Applies to: Florida
    Replied: 12/2/2011
    The Law Offices of Paul A. Samakow, P.C.
    The Law Offices of Paul A. Samakow, P.C. | Paul A. Samakow
    Yes, you can sue the other driver. The issue isn't "can you sue?" but "will you win?" Without independent proof, some evidence, you cannot win. It is your word against the other driver's word. In Virginia, you have to prove your case, and that means you must have at least 51% of the evidence in your favor. Without independent evidence, right now, your word vs. the other driver is 50-50. Similarly, if the other driver were to make a claim against you, they would lose, because again, they don't have 51% of the evidence in their favor.
    Answer Applies to: Virginia
    Replied: 12/2/2011
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    You need an independant witness. Otherwise, it's up in the air. What about your insurance? You could collect from them and then let them try to get their money back from the other driver's insurance company. If that doesn't work, try to get 50% on the theory that if you file a claim in court it could go either way.
    Answer Applies to: New York
    Replied: 12/2/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Yes but you would have to prove that she caused the accident.
    Answer Applies to: Florida
    Replied: 12/2/2011
    Buff & Chronister, LLC.
    Buff & Chronister, LLC. | Curtis L. Chronister Jr.
    You can sue the other driver for all damages arising from the accident including property damage and for any personal injuries you sustained. As the plaintiff in the case, you will have to prove by a preponderance of the evidence that the other driver was negligent and did in fact cause the collision. You can prove this by your own testimony, by the testimony of witnesses and by any physical evidence including the nature and location of damage to the vehicles. If the other driver's vehicle was in reverse at the time of the collision, the repair records for that vehicle could help you prove your case. If you just want to recover for the damage to your vehicle, you can make a claim with your insurance company pursuant to your collision coverage and let them pursue the other driver.
    Answer Applies to: Georgia
    Replied: 12/2/2011
    T. Mack Taylor LLC | Mack Taylor
    It is your word against hers. You could file suit against her but in that instance you could be counter-sued. In the case a judge or jury could hear your case and either decide to believe one party or the other, or believe neither party.
    Answer Applies to: Georgia
    Replied: 12/2/2011
    Law Offices of Michael Stephenson
    Law Offices of Michael Stephenson | Michael Stephenson
    You can file a lawsuit, but it would take a skilled attorney to win because it is your word against hers on the issue of who was at fault. A judge might not allow the jury to hear the 911 call in this type of case. An insurance fraud claim would be very difficult to prove.
    Answer Applies to: California
    Replied: 12/2/2011
    Downriver Injury and Auto Law | Michael Heilmann
    Michigan is a No-Fault state, the most that you can get from the other driver is $750 under the Mini-Tort provision. The damages must come from your own insurance company if you purchased collision insurance.
    Answer Applies to: Michigan
    Replied: 12/1/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You can sue.
    Answer Applies to: New York
    Replied: 5/31/2013
    Broad Law Firm, LLC
    Broad Law Firm, LLC | Donald K. Broad
    The facts you have provided do not indicate any type of insurance fraud, but assuming the incident occurred within your State's statute of limitations (2 years in Indiana), you can file a lawsuit even if the opposing party's insurance company denied the claim.
    Answer Applies to: Indiana
    Replied: 2/17/2012
    J Wayne Turley BC
    J Wayne Turley BC | Wayne Turley
    You can file a claim against the adverse driver for your damages. If you are successful the other driver's insurance company will have to pay the award of your damages. In order to be successful you will have to prove that more likely than not the other driver was negligent and hit you. If that driver denies it and says it was your fault than it will be your word against hers. You can offer any evidence that is admissible to help your case and the 911 tape may be admissible, or there may be an objection to it but you can offer it. If you car was totaled, I don't understand why there would be no police report. Did police come to scene? If so, maybe the officer could help prove your case, even if no report was made for some reason. Photos may help to show the damage to the vehicles and help you explain how the collision occurred. Were there any witnesses? If so, they may help. Depending on the amount of your damages you may be able to file the claim against the other driver in a justice court to save expenses and speed up the process and so you can represent yourself.
    Answer Applies to: Arizona
    Replied: 12/1/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You have a claim for damages to your car, not for insurance fraud. You will need an independent witness to verify that she backed into you; otherwise, it will be extremely difficult to prove your case.
    Answer Applies to: Oregon
    Replied: 12/1/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    You can certainly sue her. It's not for 'insurance fraud.' You will merely sue her for hitting you and causing your damages (and injuries - if you have any). Remember, though; it will be your burden of proof to establish that she backed into you. You can certainly use your 911 call to help. Be careful, though. If you sue her, she will, likely sue you back for the damage to her car - claiming that you rear-ended her.
    Answer Applies to: Washington
    Replied: 12/1/2011
    Holzer Edwards
    Holzer Edwards | Kurt Holzer
    Yes you can sue. You will need to review all the facts with a local attorney to determine if you have a good chance of prevailing.
    Answer Applies to: Idaho
    Replied: 12/1/2011
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    You can file suit to recover for the property damage and personal injury.
    Answer Applies to: Massachusetts
    Replied: 12/1/2011
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