Person Who Caused Accident Lying To Insurance Co.

[berwin]

Hello, first, I suppose I should state that my question involves an incident that took place in Kentucky. My wife, who is 6 months pregnant, and I were driving home early Thursday morning(on the biggest bar night of the year) when a car ran a red light and crossed our path at an intersection, resulting in us striking the back quarter panel of their car. It was a clear, blatant case(or so it seemed): we were traveling through a green light, they ran a red light, we didn't have time to fully brake or swerve out of the way, and we struck their car. No one was injured, but when we pulled over, the driver of the other car, a 21-year-old female, and her friend(boyfriend?), were quite obviously drunk. She admitted to us that she had had "a couple of beers," and at one point she stepped behind a large pillar and appeared to vomit. The  driver begged my wife and I not to call the police, but of course we did. Since it was 2 am on the biggest bar night of the year, it took more than an hour for the police to arrive. During that time, the driver continued to beg us to just take their insurance information(which we did), and let them go. Finally, the police arrived. My wife and I naively assumed that the driver was going to take responsibility, but she instead proceeded to tell the officer that her only fault was running a yellow light. They did not dispute that we had a green light. For some incredible reason, the officer did not issue any citations, nor did he conduct a DUI test on the other driver. He stated that he did not sense that she had been drinking, and that was that. My wife and I now wish we had told the officer to look at the area where the girl vomited, but we didn't. Again, I am very thankful that my wife and our unborn child appear to be OK.

So now, a few days later, we come to find that the driver of the other car and her passenger are claiming that WE ran the red light. The officer did state that he was going to file the report stating that the other driver was "unit 1," which he explained to mean that they were "probably" the instigators of this accident. Our car is most likely totaled(it's not an expensive car, maybe worth $3,000), and we now have to go through a long investigatory process.

We have opened a claim with our insurance company, as has the other driver. I spoke with the claims department of the other driver's insurance company, who told me that we will soon get a call from an independent investigator to get our side of the story. The police report has not been filed yet, but we're expecting it today or tomorrow.

My question is: Is there anything we can do to get the truth out in this situation? A lot, I guess, depends on the police report, but my gut tells me that it's going to state that it's a "he said, she said" situation, although I guess the fact that the other driver is "unit one" will be helpful.(?)

Do we just sit back and let the insurance companies handle it? Or is there anything proactive that we can do? We're eager to get to the bottom of this. Separately, is there anything we should be aware of when our insurance company determines the value of our totaled car?

Thanks so much for your help.

[Theodorus]

Hi Mike,

I'm sorry to hear of your accident and extremely thankful that your unborn child appears OK.  Be sure that your wife does several follow-ups with her OB/GYN(probably at weekly intervals) for the next 6 weeks or so.

It sounds like the police did a very 'sloppy' job of investigating this accident.  Since it took them an hour to respond, it must have been a very busy night and this was one of their 'minor' calls.

During that hour, the driver had enough time to sober up enough to realize that since there were no witnesses, she could change her story to present herself in the best way and she did.  This is a very common situation.  If you had followed her begs and pleas and just exchanged information and let her go home, she would have told the same(or better) lie the next day.

There really is no way to get to the truth in this matter since there were no witnesses.  Your only hope is that the police officer writes a good report in your favor.  His report is now the key.  If it's just a 'straddle the fence' type report, then this will probably be handled on a 50/50

fault basis.

Your own insurance company will handle the damage to your car if you carry collision coverage.  You will pay your deductible and they will repair it, or if it's a total, they will pay you fair market value less your deductible.

If they are able to recover 100% from the other company, they will return your deductible, in some states, if they get any payment from the adverse company, they refund your deductible, in others it's passed on a percentage basis.

If your car is a total, be prepared for a 'low-ball' offer.

You don't have to take their first offer, this is something that is negotiable.  Once they tell you that it is going to be a total loss, start shopping with local dealers for written quotes for similar cars and collecting newspaper ads from sellers, so you will have something in writing to bargain with.  You should also get computer quotes from

kbb.com  & nada.com

Your wife's visits to her OB/GYN will qualify her for a bodily injury settlement from the other party.  The true amount will vary depending on how fault is eventually apportioned.

The statue of limitations to settle an injury claim is only one year in Kentucky.

I hope this has been of help and I'm sure you will have more questions.  Feel free to write me again.

Your feedback by rating my answer will be appreciated.

Sincerely,

Bennie

San Francisco Bay area 11-27-07 3"16 PM PST