Car accident recommendations

[NinePack]

Hi guys and gals

Long time reader first time poster and unfortunately my first thread is about an accident. Theres always good information and recommendations here. So i thought i would look for some advice.

I was rear ended couple days ago in my old car, the person who hit me said he wanted to pay for it instead of going through insurance (fair enough).

I reported my accident at the police station the next day, later in the day the officer called me and asked me to come back so he can examine my car again.

The officer looked at my car again, with a measuring stick, said that i was lying and will possible charge me with lying (fraud?). Told me that there is no way his van made that damage on my car, also told me either someone backed into me or i backed into something, theres not paint transfer.

I am just frustrated, i am not sure if the guy that hit me changed his tires and lowered his van , or maybe the road had a incline/decline?

i just dont know what to do from here, i have a witness. Now the guy that hit me has a "witness" though i never saw anyone in the car at the time.

thanks

[Dan02]

don't get in one

[corporatejay]

I know this sounds like an odd question but how old are you?

[NinePack]

I am 27

[CaramonLS]

So, first the guy said he was going to pay for the damage to your car, then all the sudden he has a witness saying that it is all your fault?

Seems to be a missing link here. Also, was your witness in your car with you or was it an innocent bystander?

[NinePack]

The accident itself is not my fault, nor is anyone saying otherwise,
but the damage which is significant is not consistent with with my story.
The police are assuming i have backed into something or someone else backed into me previously and i am lying about the damage that was done to my car.

My witness in my friend who was in my car.

[Dion]

This could come down to who evers story the police believes best

I always keep a cheap camera in my glove box for potential accidents. Moreso to take pictures of the scene and my vehicle as evidence in cases of the he said she said type of sinerio. Some food for thought for any future potential accidents.

[First Lady]

Generally witnesses "in" any of the vehicles involved are not considered independent witnesses.

I would report to your insurer. Even if you do not have collision coverage; you were rear-ended and had a passenger. There is huge potential for injury claim.

Get your guys working for you; that's what they're there for.

[NinePack]

Funny thing is i have pictures of the back of my car, the front of his car (not in the same picture) his license plate, and his drivers license. I thought i covered everything. He did not take any of my information. The police are stubborn that the damage cannot be from his van because of the height. There not great quality they were on a cell phone.

[CaramonLS]

I don't think we are getting the full story here.

Why would the officer care about other damage to your car if the other party is accepting full responsibility?

Did the same officer inspect both vehicles? Since you both separately reported to a police station (did you even report to the same one?), that seems unlikely.

Why does it matter that the guy in your original post now has a witness? It doesn't, unless he is claiming something contrary to your story.

[wpgflamesfan]

let me guess this guy was tailgaiting you. get your insurance company involved and make huge claims saying you both recieved whiplashed. If they ask why you didn't report it earlier say it didn't really hurt at first but progressively got worse.

[NinePack]

It sounds like from the police officer that he belives that i was hit from behind. Was just a "tap". So he is saying that i better come forward and tell him that the damage was done from another incident. If it was a scuff i wouldn't care but my trunk is all pushed in. My cd player came out of my dash.

They think i am filing a false damage report to cover previous damages. Somehow the vehicle that hit me doesnt match the damage done. Now i have to prove otherwise. Sorry if i am having trouble explaining it fully.

The same officer looked at both vehicles.

[disco_inferno]

Originally Posted by First Lady

Generally witnesses "in" any of the vehicles involved are not considered independent witnesses.

I would report to your insurer. Even if you do not have collision coverage; you were rear-ended and had a passenger. There is huge potential for injury claim.

Get your guys working for you; that's what they're there for.

agreed, its a hassle, its long and tedious, and it really pisses me off, but insurance is the only sure way to get your vehicle repaired. going outside is great, and when it works, it saves people bundles, but if i was on the receiving end, unless i got pretty much a 'blank cheque' for the damages done (not that I would screw the person over, but without a guarantee or at least some pretty good asusrance they wouldnt try to get out of paying), id be pretty wary about not calling insurance...

if he hit you, he should be kissing your ass that you dont go to the insurance company. it can only hurt him if you do.

[photon]

This makes no sense, why would the police care if you were filing a false damages report, that's up to the insurance to decide. If the police is concerned that you are filing a false damage claim tell him that you aren't, and that if they want to figure out what really happened that's their job; they're police, investigate the evidence.

You aren't a lawyer, and other than a few posters here we aren't either. It seems to me the police aren't treating this properly.

If they want to charge you tell them to charge you then, and go ahead and call your insurance company, they'll be far more familiar with the legal portion of it than you are, and they have lawyers and such to deal with this.

Call your insurance.

[BlackArcher101]

What photon said...

This is making no sense. The police aren't the ones to decide if damages were from previous incidents or not. That is up to the insurance companies. I wonder if perhaps this guy who hit you is friends with this policeman? It's the only reason I can think of why the cop is treating you like this.

By the way, you don't have a witness. Anyone in your car is null and void as a witness.

[CaramonLS]

Originally Posted by photon

This makes no sense, why would the police care if you were filing a false damages report, that's up to the insurance to decide. If the police is concerned that you are filing a false damage claim tell him that you aren't, and that if they want to figure out what really happened that's their job; they're police, investigate the evidence.

Thats what I don't get about this, it isn't the cops job to assess who is at fault, but rather the insurance company. I don't think the cops can charge you with fraud IF the other party (the person who hit you) isn't disputing that he made the damage in the first place.

So your 2 options are this. Call the guy who hit you after you get an estimate and ask him if he is going to pay - if not, file an insurance claim and let them sort it out.

Also, if you were so inclined, you have the A-form, you know the make/model number of the car that hit you, take some pictures of the bumper of a similar car or get the specs to prove that it could have made the damage.

[NinePack]

ohh good idea CaramonLS, i am going to drive around tomorrow till i see the same vehicle and do some of my own measurements. I am going to call the insurance company tomorrow as well as find a traffic lawyer.

[Slava]

The solution here is simple really; if you have collision coverage report it to your insurer and let them deal with it. If you don't have collision you should report it to his insurer and let them deal with it.

Quite frankly the police make comments about who is at fault a lot of the time and the application within an insurance policy is a different story. If you have nothing to hide here, and nothing to fear then report it and let them investigate.

[killer_carlson]

this isn't too big of an issue at all, in my opinion.

Find a lawyer, if you need a referral PM me and I can point you in the right direction.

[ernie]

You have insurance for a reason. Use it and use the power of your insurance company.

To me this sounds like a guy who 1) doesn't have insurance and 2) has a shady cop friend.