What to do if someone hit my car and admitted what they did to the police but they are now changing their story and their insurance is refusing to pay?

UPDATED: Dec 30, 2011

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What to do if someone hit my car and admitted what they did to the police but they are now changing their story and their insurance is refusing to pay?

The police didn’t take a report because there were no injuries but did get a recorded statement from the responsible driver admitting what he did, which the police agreed showed him being at fault. Now his insurance carrier is claiming he was stopped and wasn’t at fault, disagreeing with the statement to the police. I’m having difficulty getting the recorded message from the police and have lost $5,000-$7,000 in diminished value in my car after the repairs. How can I hold the guilty party responsible for fault and for covering the value my car lost from the damages?

Asked on December 30, 2011 under Accident Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If a person admitted to law enforcement that he or she hit your vehicle causing damages and the insurance carrier for that person is now refusing to try and settle the claim because its insured has not changed his or her story, you need to get a copy of the police report about the incident.

Most likely the police report will make reference to the admission of liability. If so, then the admission will be of great assistance to you in trying to settle the claim. If you have insurance for the incident, I suggest that you advise your carrier of the incident as well.

If you cannot get a settlement with the other party's insurance carrier, you may have to consult with an attorney who practices law in the area of property damage as to your recourse to resolve the dispute.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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