What can I do if the other driver lied to their insurance? 23 Answers as of October 17, 2011

This will probably need to be filed under your UIM and against the other driver. She rear-ended you. You should seek the advice of a personal injury attorney.

Take her to small claims court.

You can file suit against the driver who hit you. A judge, jury or arbitrator will determine who is telling the truth or make their best guess.

That is why we have courts of law and alternative dispute resolution, so you can submit the question to somebody impartial and unbiased to decide how much they owe you. You should retain an attorney because the insurance company will certainly have one.

Notify your insurer. The hit and run probably had no insurance anyway so finding them might not solve the problem. Sue the driver in small claims court. As soon as they have to hire an atty to respond to your complaint, they might negotiate.

In 1973, Washington abandoned the absolute defense of contributory negligence and substituted a comparative negligence standard. Under comparative negligence, the plaintiff's dollar recovery will be reduced by any percentage of comparative negligence found by the trier of fact to be attributed to the plaintiff. While applicable statutes in this area cover only comparative negligence in a negligence action, there are other statutes, which extended the comparative negligence concept to all types of fault, and all types of conduct by plaintiffs. Thus, any conduct by a plaintiff can potentially result in comparative fault, no matter how it would have been characterized under the prior law. Generally, this is discovered during, what is known as the discovery process. The discovery process is generally triggered after the filing of a summons and complaint, also known as filing a case. In Washington state the primary duty of avoiding a rear-end collision rests with the following driver. The following driver, if demonstrated collided with the vehicle in front of the said driver could be found negligent under RCW 46.61.525 negligent driving in the 2nd degree which occurs when a person under circumstances not constituting negligent driving in the first degree, operates a motor vehicle in a manner that is both negligent and endangers or is likely to endanger any person or property. Under that same statute, negligence is defined. Negligence means the failure to exercise ordinary care, and is the doing of some act that a reasonable careful person would not do under the same or similar circumstances or the failure to do something that a reasonable careful person would do under the same or similar circumstances. Without additional facts, it is very difficult for me to say what you may be able to argue. However, at face value, or my first impression, you might argue that you are entitled to assume that the following drivers are obeying the laws and are following at a safe distance. In general, you may continue to argue, you enjoy that right to drive and come to legal stops freely in obedience with traffic directional indicators, which were not described in your fact pattern, such as red traffic lights, etc. In contrast to leading drivers, following drivers must adhere to RCW 46.61.145. This further requires the following driver not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the conditions of the highway. Again, these ideas listed here are not described in your fact pattern, and I am making certain assumptions that this argument may apply. Even so, I must reiterate that following drivers must keep such a distance from or maintain observation of leading drivers whom they safely may make stops. Further, following drivers must anticipate the actions of leading drivers. Following drivers are assigned primary responsibility for avoiding accidents because they are in the best position to avoid a collision. This article will be republished on my website wwwbodeylaw.com. If this individual has misconstrued the facts associated with the motor vehicle collision i.e. being pushed into you by another vehicle, this categorizes that individual as a possible plaintiff. Thus, the burden of proof in Washington State is on plaintiffs to demonstrate said claims and damages. One of the claims that jumps out at me based on your description is that person behind you is claiming they are not at fault. If you were to obtain an attorney and file suit in order to commence in the discovery process, it may be revealed during the process that this individual is not being fully truthful. In what manner and by what method this occurs is lost on me; as it may come by way of an undiscovered witness or admission by party opponent, etc. Thus, I believe the answer to your question would be simply stated as, go get an attorney. Explain to the attorney in detail what occurred and provide as much information to your representative as possible, and discuss your options with said representative and consider filing the action. Filing of this action will trigger the discovery process and likely force the hand of individuals who are misconstruing facts. Please bear in mind that talented plaintiff's attorneys have ways of discovering and uncovering misinformation, whether it be provided with malice, self-preservation and or otherwise.

Get a lawyer and file a complaint in the court for your damages. Nothing like the bright lights of a civil action to clear things up!

Hire an attorney and let him/her sue the responsible parties.

You can sue driver 2. But if she lies it becomes he said, she said. Insurance companies almost never pay those claims. They figure they have at least a 50/50 chance to win, so why pay.

Under Colorado's tort system, you have the burden of proving the accident was another's fault. You've got to convince the insurance company, go to trial, or give it up. Were there any camera's showing the accident?

Consult with or rertain a plaintiff's accident attorney for advice and direction.

Have your insurance company handle it, or hire a good Personal Injury lawyer to represent you if injured.

This basically comes down to credibility if there are no witnesses. All you can do is explain to your insurance company your version of the events.