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Car accident question- other driver lying (1 Viewer)

shadyridr

shadyridr

Footballguy
My wife was rear ended (hey yo!) the other day. The kid is saying someone behind him hit him first and then he hit her. My wife says that's bull#### as the kid's car has ZERO damage in the rear and told the claims adjuster that. We filed a police report and will be picking it up tomorrow. Two other things, the kid's father is a police seargant and both drivers are insured by GEICO. Are we gonna be screwed into paying for an accident that someone else is 100% at fault just because the kid is lying about a hit and run?

 
You say "we filed a police report".....are you saying that the police never showed up and filed a proper report?

 
eoMMan said:
You say "we filed a police report".....are you saying that the police never showed up and filed a proper report?
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No the police came to the accident. Both my wife and the other driver gave their story and it takes two days for them to finish the report and then we can pick it up.

 
Im sorry this happened. If the kid and his cop dad screw you over, that's horrible.

And...

Make sure your wife gets some rest for her sore neck. She should take a few days off of work starting today.

 
I'd think the cop on-scene would be the determining factor. If he put that the kid wasn't at fault b/c he was also rear-ended, then that's going to be the story the insurance co uses...that should also trigger a hit-and-run report for the other car. If he didn't put that in the report, then the kid is at fault.

I had a guy lie after hitting me one time too. Claimed I merged into his lane, when it was the opposite. Cop couldn't tell from the damage what happened, and no witnesses stopped, so he wrote "No fault."

 
Jobber said:
Im sorry this happened. If the kid and his cop dad screw you over, that's horrible.

And...

Make sure your wife gets some rest for her sore neck. She should take a few days off of work starting today.
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The ####### kid called his father and his father also talked to the cops.

 
It's still his fault. It'll be his responsibility to find the driver thy rear ended him to pay for your car. Otherwise your insurance will get him to pay

 
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If it happened like he claimed, its really two seperate accidents. No matter why it happened, if you rear end someone, you are at fault.

Im not a lawyer.

 
I'd call geico and tell them the whole story, including the part about the kids father talking to the cop.

The ins co should be sending an adjuster out to look at there damage and you should recommend the look at his back bumper. If they find no damage then it may raise a flag.

fact is though. you were rear ended. There was nothing you could have done to avoid it, no way you should be at fault or any % of fault. Even if the kid gets away with his lie, so what. It shouldn't effect you and rest easy that the brat will try that crap again one day when daddy's not around to bail him out of an asskicking.

side note: a guy rear ended me, lied all over the report saying I cut him off and yada yada and they still found him 100% at fault. I had Geico too.

 
As others above said, y wife eas rearended. No way will be at fault. Kids insurance will need to figure it out. Did the police check his phone to see if he was on it? Scrary chit driving with stupid kids and their phones.

 
He is at fault for rear-ending your wife and whoever rear-ended him (if anyone) is at fault for that collision. It doesn't matter whether there was a 3rd party involved as far as your wife is concerned

 
Earlier in the summer my wife backed into another lady who was also backing out of a parking spot (the rear corners of both cars hit). Police showed up and his story to them on the scene was that they were both at fault. The story he put down on the report was that the other lady was stopped when my wife hit her making it my wife's fault. Other lady's husband called me up asking for $1200 to fix their car since the report indicated my wife was at fault, that there was damage above the wheel well. I measured the bumper height on our minivan and went to look at the ladies car. The damage was higher than any point on the minivan, told him I wasn't paying and he "threatened" to get insurance involved. State Farm sent out an adjuster who looked at both cars and I guess told his insurance the guy was lying.

If there is no damage to the kids rear bumper the adjuster should be able to make the determination what happened. I talked to a friend who used to work as an adjuster for auto claims and he says that the police report is rarely used since that is the cops rendition of what people told him and most of the time the actual report is made after he gets back to the station so some facts may not be correct, he was not an eyewitness to the crash. The facts will hold more weight than his report.

 
FYI, a few years ago my wife was rear ended at a stop light and then hit the car in front of her as well. I'm pretty sure how it all came out, was my insurance company paid for the car in front of her's damage. Then they got reimbursed from the insurance company for that damage from the lady who hit my wife. But I do believe my insurance company did have to pay for the damage my wife did initially.

So you should be fine. The kid's insurance will pick up the tab, and then try to get the "hit n run" guy's insurance to reimburse/cover their expenses.

But this was a few years back, I've slept, had two kids and multiple beers since then, so my memory may or may not be accurate.

 
What is being said here is accurate.

Kid is on the hook for your wife's car, no matter what. If he claims he was pushed into you, his adjuster will look for evidence of that, then go after the appropriate party if there is one.

 
shadyridr said:
My wife was rear ended (hey yo!) the other day. The kid is saying someone behind him hit him first and then he hit her. My wife says that's bull#### as the kid's car has ZERO damage in the rear and told the claims adjuster that. We filed a police report and will be picking it up tomorrow. Two other things, the kid's father is a police seargant and both drivers are insured by GEICO. Are we gonna be screwed into paying for an accident that someone else is 100% at fault just because the kid is lying about a hit and run?
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had a similiar incident many years ago. Both their insurance and my insurance called me multiple times to see if I would change my story and every single time i told the same story, and also told them i don't care if you record this or have a lawyer call, my story is not changing because its the truth and the lady who hit me is lying.

since I wouldnt' budge, the two insurance companies hashed out a plan to do a "no fault" settlement meaning her insurance paid her damages, and my insurance paid mine. I did not get dinged on my insurance for the accident.

 
Wrigley said:
your wife should have said she thought she noticed him playing on his phone before the accident
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I would recommend against doing this. It is a going joke at least at my company about how everyone tells this lie. It is like throwing out the child abuse allegation in a divorce, it pretty much lets us know who the liar is and would only hurt OP wife.

**oh and by the way the lie to tell is that you felt TWO hits, that way all the nonsense of the phantom car goes away. As the kid hit you and then the phantom car hit and pushed the kid into a second time. The insurer won't be able to separate the damages and pay**

I think there is little chance that that person who hit his wife will be found not at fault. It is likely OP will win on vehicle code alone. In any case an estimator will look at both cars. If there is in fact no damage to the rear of the other car or minor damage that would be insufficient to push the car into another car there is nothing to worry about. Having two adjusters at the same company is not an issue either each of you will have their own adjuster representing you and the other party and they will call it how they see it.

Even in the unlikely case that the other persons adjuster thinks that kid in not at fault you there is no scenario where your wife will be at fault so there is no rate increase. And if the kids adjuster has brain damage you still have the fall back of smalls claims to get your deductible back.

If I had the kid, based on the facts presented, as an adjuster I would eat it 100% of the time and pay you.

 
Chain reaction accidents occur when three or more vehicles hit one another in a series of rear-end accidents that are caused primarily by the force of the first collision.

Here’s an example of a typical chain reaction accident:

Driver D --> Driver C --> Driver B --> Driver A

Driver B rear-ends the car in front of him, which is being driven by Driver A. Because Driver C was following Driver B too closely and could not stop in time, Driver C also rear-ends Driver B. The same situation occurs behind Driver C, with Driver D being unable to stop in time to avoid rear-ending Driver C. Another wrinkle is that the force of the collision between Driver B and Driver A could send Driver A’s vehicle forward into the next vehicle in the line, and so on, causing another chain reaction.

Because chain reaction accidents may involve many different drivers who were each acting carelessly (at least to some degree), bringing an insurance claim or personal injury lawsuit over these kinds of accidents may be challenging. Let’s look at some of the different issues that may arise -- especially when it comes to establishing fault -- in car accident cases involving chain reaction accidents.

Establishing Who Was at FaultIf you file an insurance claim or lawsuit against another motorist after a chain reaction accident, you’ll need to prove liability under a legal theory called “negligence.” Figuring out which driver was negligent is mostly a matter of determining which driver’s carelessness caused the accident -- or, if more than one driver was negligent, determining each driver’s share of liability.

One rule of the road that comes into play in most chain reaction accidents is that drivers must leave a safe following distance between their vehicle and the vehicle in front of them, so that they can stop in time to avoid any road hazards or unexpected situations, such as the lead car slamming on its brakes. A driver who fails to maintain a safe following distance and then rear-ends the lead car will almost always be considered negligent. (Learn more: What is a Safe Following Distance?)

But what if your car is pushed into the vehicle in front of you, because you got hit from behind yourself?

Let’s revisit the example we discussed above:

Driver D --> Driver C --> Driver B --> Driver A

In this scenario, Driver A will need to establish the sequence of events that led to Driver B’s rear-ending Driver A.

Did Driver C rear-end Driver B, pushing Driver B into Driver A? If this was the case, then Driver C would be at fault for driving carelessly and not leaving enough distance to stop in time. If that’s the case, Driver C would likely be on the hook to both Driver A and Driver B for damages stemming from this accident.

What if Driver B rear-ended Driver A, and then Driver C, unable to stop in time, rear-ended Driver B? In this case, Driver A would feel more than one impact, and both Driver C and Driver B would owe Driver A for damages stemming from the accident. Driver A could file a claim or lawsuit against both drivers, and let them sort out the situation between themselves.

Add Driver D into the mix, and the picture gets even more complicated. Driver B could rear-end Driver A, C could hit B, and D could hit C. Or, Driver D could cause a chain reaction crash him/herself, by hitting Driver C from behind, sending C into B, and B into A.

However a chain reaction plays out, there are a number of sources that can help you establish the order of impacts, and who was careless. These include:

  • eyewitness accounts (including your own, those of the passengers in each car, passers-by, and the drivers of the cars behind you)
  • police reports of the accident, including findings as to whether any driver committed a traffic violation
  • vehicle damage, and
  • evidence at the scene of the accident, including skid marks and vehicle debris.
For help navigating each step of an insurance claim or lawsuit after a car accident, get How to Win Your Personal Injury Claim by Joseph L. Matthews (Nolo). You may also want to consult an experienced personal injury attorney to make sure your legal rights are protected.

 
So his policy is denying liability. He had his car inspected and there is damage in the rear. My wife said the person was stopped behind him and this they are placing blame of the accident on this "third" driver. I said who is going to pay for the damage on my car and he said i can contact my adjuster and i can get the deductible reimbursed most likely. So everyone here was wrong?

 
Cjw_55106 said:
If it happened like he claimed, its really two seperate accidents. No matter why it happened, if you rear end someone, you are at fault.

Im not a lawyer.
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Not completely true. I was involved in an accident where the driver in front of me hit a person turning in front of them as we were going through the green light (and they had no green arrow). I hit them and the person turning left was found at fault by the insurance companies, even though I had hit the driver from behind.

 
So basically I'm ####ed out of my deductible. $500 for getting rear ended. How the #### is that fair? They are claiming the 3rd party is liable. It's considered a no fault accident on our end so my policy may not increase.

 
shadyridr said:
So his policy is denying liability. He had his car inspected and there is damage in the rear. My wife said the person was stopped behind him and this they are placing blame of the accident on this "third" driver. I said who is going to pay for the damage on my car and he said i can contact my adjuster and i can get the deductible reimbursed most likely. So everyone here was wrong?
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Who is the "he" in this situation? The kid? You shouldn't be dealing with any of this. Report it to your insurance and only deal with them.

 
RUSF18 said:
shadyridr said:
So his policy is denying liability. He had his car inspected and there is damage in the rear. My wife said the person was stopped behind him and this they are placing blame of the accident on this "third" driver. I said who is going to pay for the damage on my car and he said i can contact my adjuster and i can get the deductible reimbursed most likely. So everyone here was wrong?
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Who is the "he" in this situation? The kid? You shouldn't be dealing with any of this. Report it to your insurance and only deal with them.
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i just did. We have the same insurance company. They told me the same thing.
 
shadyridr said:
So basically I'm ####ed out of my deductible. $500 for getting rear ended. How the #### is that fair? They are claiming the 3rd party is liable. It's considered a no fault accident on our end so my policy may not increase.
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You probably have to pay the deductible to get your car back right away, but you'll get that money back when the claim is settled.

 
George Jefferson Airplane said:
shadyridr said:
So basically I'm ####ed out of my deductible. $500 for getting rear ended. How the #### is that fair? They are claiming the 3rd party is liable. It's considered a no fault accident on our end so my policy may not increase.
Click to expand...
You probably have to pay the deductible to get your car back right away, but you'll get that money back when the claim is settled.
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what claim? They are claiming this phantom third party is responsible.
 
shadyridr said:
George Jefferson Airplane said:
shadyridr said:
So basically I'm ####ed out of my deductible. $500 for getting rear ended. How the #### is that fair? They are claiming the 3rd party is liable. It's considered a no fault accident on our end so my policy may not increase.
Click to expand...
You probably have to pay the deductible to get your car back right away, but you'll get that money back when the claim is settled.
Click to expand...
what claim? They are claiming this phantom third party is responsible.
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Your claim with your insurance company. the third party stuff is not your problem, that's the problem of the guy that hit you. Relax.

 
George Jefferson Airplane said:
shadyridr said:
George Jefferson Airplane said:
shadyridr said:
So basically I'm ####ed out of my deductible. $500 for getting rear ended. How the #### is that fair? They are claiming the 3rd party is liable. It's considered a no fault accident on our end so my policy may not increase.
Click to expand...
You probably have to pay the deductible to get your car back right away, but you'll get that money back when the claim is settled.
Click to expand...
what claim? They are claiming this phantom third party is responsible.
Click to expand...
Your claim with your insurance company. the third party stuff is not your problem, that's the problem of the guy that hit you. Relax.
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im not sure i can make it any clearer. His insurance company is GEICO. my insurance company is GEICO. His claims adjuster called me and said he has damage to the rear of his vehicle and they are denying liability in other words the fake third party is responsible. I then called GEICO about my claim and spoke to someone and he basically said the same thing. I would be responsible for the deductible and its considered a no fault accident. I havent even gotten an estimate yet.
 
did your wife take any photos at the scene? esp ones of the kids rear bumper?

I'd love to compare those to what the adjuster saw.

I wouldn't put it past this kids dad, with access to fleet cars, to rough up this kids bumper after the fact to make it look like he did get hit.

prob not, but just a hunch.

 
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glvsav37 said:
did your wife take any photos at the scene? esp ones of the kids rear bumper?

I'd love to compare those to what the adjuster saw.

I wouldn't put it past this kids dad, with access to fleet cars, to rough up this kids bumper after the fact to make it look like he did get hit.

prob not, but just a hunch.
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i have a feeling that's what happened as well. She did not take pictures of his rear bumper at the scene and she was already crying on the phone with me about not doing that so I'm not gonna beat her up about it.
 
shadyridr said:
George Jefferson Airplane said:
shadyridr said:
George Jefferson Airplane said:
shadyridr said:
So basically I'm ####ed out of my deductible. $500 for getting rear ended. How the #### is that fair? They are claiming the 3rd party is liable. It's considered a no fault accident on our end so my policy may not increase.
Click to expand...
You probably have to pay the deductible to get your car back right away, but you'll get that money back when the claim is settled.
Click to expand...
what claim? They are claiming this phantom third party is responsible.
Click to expand...
Your claim with your insurance company. the third party stuff is not your problem, that's the problem of the guy that hit you. Relax.
Click to expand...
im not sure i can make it any clearer. His insurance company is GEICO. my insurance company is GEICO. His claims adjuster called me and said he has damage to the rear of his vehicle and they are denying liability in other words the fake third party is responsible. I then called GEICO about my claim and spoke to someone and he basically said the same thing. I would be responsible for the deductible and its considered a no fault accident. I havent even gotten an estimate yet.
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your wife was rear-ended. how does the claims adjuster qualify that as "no fault"?

in any case, you need to check your policy for how it deals with Uninsured Motorist, which is essentially the "mystery 3rd car" is at this point. yes, you will likely be out the deductible for the moment, and will the be reimbursed when the claim is settled, just like GJA said.

also, you should be documenting all of your conversations with GEICO, and your wife should document her experience and account of the accident scene.

 
Well I called MY insurance and they said if the other party is denying liability then my only recourse is filing a claim through my own policy. So I did that and the car will be dropped off tomorrow and inspected and I have rental reimbursement. I will be responsible for the deductible but then how do I get reimbursed if the other party's insurance denied liability? Thats the part nobody seems to be explaining to me.

 
Quint said:
shadyridr said:
George Jefferson Airplane said:
shadyridr said:
George Jefferson Airplane said:
shadyridr said:
So basically I'm ####ed out of my deductible. $500 for getting rear ended. How the #### is that fair? They are claiming the 3rd party is liable. It's considered a no fault accident on our end so my policy may not increase.
Click to expand...
You probably have to pay the deductible to get your car back right away, but you'll get that money back when the claim is settled.
Click to expand...
what claim? They are claiming this phantom third party is responsible.
Click to expand...
Your claim with your insurance company. the third party stuff is not your problem, that's the problem of the guy that hit you. Relax.
Click to expand...
im not sure i can make it any clearer. His insurance company is GEICO. my insurance company is GEICO. His claims adjuster called me and said he has damage to the rear of his vehicle and they are denying liability in other words the fake third party is responsible. I then called GEICO about my claim and spoke to someone and he basically said the same thing. I would be responsible for the deductible and its considered a no fault accident. I havent even gotten an estimate yet.
Click to expand...
your wife was rear-ended. how does the claims adjuster qualify that as "no fault"?

in any case, you need to check your policy for how it deals with Uninsured Motorist, which is essentially the "mystery 3rd car" is at this point. yes, you will likely be out the deductible for the moment, and will the be reimbursed when the claim is settled, just like GJA said.

also, you should be documenting all of your conversations with GEICO, and your wife should document her experience and account of the accident scene.
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no fault of ours
 
shadyridr said:
Well I called MY insurance and they said if the other party is denying liability then my only recourse is filing a claim through my own policy. So I did that and the car will be dropped off tomorrow and inspected and I have rental reimbursement. I will be responsible for the deductible but then how do I get reimbursed if the other party's insurance denied liability? Thats the part nobody seems to be explaining to me.
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couple of things:

- police report still hasn't come out yet, right? it's hard for GEICO to say with much confidence who is, and who is not, at fault until they see it.

- "denied liability" is not the same as "denied your claim" against said party

- as far as the deductible goes: your car will go to the body shop. they'll inspect it and submit the cost of repairs to your insurance. assuming the cost of repairs is not more than a certain % of the value of the vehicle, the insurance will authorize repair. it's likely you won't see a bill from the shop, they'll bill the insurance directly. when the claim against the other driver has been settled, and the insurance has determined who is liable (not your wife, b/c she got rear-ended), you'll receive a check for the deductible. yes, you'll be out the cash for a while (which sucks) but you'll get it back.

make sure you ask for a fancy rental.

 
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