>I got a call today from the insurance company for the guy who backed > up into my car with his truck. The f*****g b*st*rd is claiming that I > rear-ended him!!! I can hardly believe it - I'm really upset. I'm > going to end up with a bad driving record, and my premiums are going > to go way up. If he knows there were no witnesses (or none that you can easily find) he's probably doing this for the same reason you need witnesses.
> He had no damage to his truck. I had thousands of dollars worth of > damage. Clearly, he wants to get off scott-free, and he probably [quoted text clipped - 4 lines] > myself for that omission. But I didn't, and I am now stuck dealing > with this situation as it is. Unfortunately! Well, you still have the option of shooting yourself, but I wouldn't recommend taking it, and would be very unhappy to learn that you did.
> There were no witnesses that I can recall. Although I'm thinking of > ringing a couple of doorbells just to see if anyone did see it, but > didn't happen to come over to talk to us. This happened right in my > neighborhood, so I don't feel too weird doing that. Or maybe I could > put up some signs. Does anyone think that's a good idea? I wouldn't bother with the signs, I would just ask around.
> The adjuster who works for my insurance company is off today, so I > have to wait until Monday to talk to her. She said that if they > denied it, they would go to arbitration, but I don't have much hope. I would expect that anyone who has been an arbitrator for any length of time has probably learned to detect when someone is lying. So if it's only your word against the doer's, I wouldn't be as pessimistic as you seem to be.
> Does anyone have any *other* ideas of what I might do about this? Stop fuming. It won't do you any good and will have negative effects on your health and peace of mind.
> I didn't get the guy's phone number (got everything else from him!) > so I can't call him and ask how he could do this to me. This was not [quoted text clipped - 11 lines] > accidents are extremely common, whereas people don't usually back up > into a car behind them! So who are they going to believe? Whoever seems more credible to them at arbitration.
> Purrs would be lovely, but if anyone has been through this and who > knows what my rights are - if I have any - or has any suggestions of > how I might prevent myself from being a victim in THIS situation (I > know how to do it in the future, ie, GET WITNESSES - but I need help > NOW), I am all ears! I haven't been through exactly the same kind of thing but I can tell you about a similar incident from my own life and how it turned out.
I was stopped in traffic on an expressway due to construction ahead. There were cars ahead, behind, and on both sides. Everyone was stopped. The car behind me was the last in the stopped line/lane that I was in. I was at the wheel of a tiny compact car. The vehicle in front of me was a large pickup truck, and in back was a full-size sedan.
Someone travelling in my lane apparently didn't notice that traffic ahead was halted, and plowed into the car behind me, which forthwith plowed into mine, which then plowed into the truck ahead. It was a forceful enough hit from behind that even though I had the car in neutral and the hand brake engaged, my car moved forward hard and fast enough to not only jar the truck in front of me but also jar me so hard that I was hurt, almost badly enough to be taken to a hospital in an ambulance. As it happens I was turned around in the driver's seat and facing backwards, in the process of digging either a book or a snack (I forget which) out of a bag on the back seat, when the blow hit my car, and as I turned back around I felt major pain in my back near the waist.
The car behind mine took most of the force so it wasn't as bad as it could have been, but still.... Police arrived and took a report and offered to call for medical help for me. I told them to wait a few minutes until I calmed down and could gauge how bad I really felt, and I ended up turning down the ambulance because I was in a rush to get home, almost there and could seek medical attention there if I felt it was necessary (which I did).
The only damage to my car was a scrape on the front bumper from hitting the truck. The truck was not damaged. My rear bumper was just slightly pushed in. I did not file any claim for the car damage, but on my doctor's advice I sought legal help to file one for the bodily injury, which ended up costing me quite a bit (it was a large amount to me, anyway) to get fixed and out of pain.
The outcome was I could not find a lawyer who wanted to take the case because (1) none of the ones I consulted believed that any judge or jury would believe that in an accident that did so little damage to the car they were in at the time anyone could be hurt, especially if they refused an offer of an ambulance ride, and (b) the amount of the claim was too small to make it worth any lawyer's time.
I hope you have a better outcome.
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