What can I do ifI was rear-ended but the other driver’s insurance company claimed their driver was not at fault?

UPDATED: Jan 3, 2012

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UPDATED: Jan 3, 2012Fact Checked

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What can I do ifI was rear-ended but the other driver’s insurance company claimed their driver was not at fault?

I was rear-ended while stopped at a light. However, the other driver’s insurance company will not repair my car because “based on the damage to both vehicles I was not in control of the lane”. I spoke with the ins company prior to this and let them know that I was stopped at the light during impact; they then told me that the other driver was claiming I had switched two lanes causing the accident. Unfortunately I did not take pictures of the placement of the accident, only pictures of the damage. The police officer also did not take a report. I was not at fault.

Asked on January 3, 2012 under Accident Law, California


Hong Shen / Roberts Law Group

Answered 11 years ago | Contributor

You know that is the answer from the insurance company since if it admitted fault then it must pay. Unfortunately, there is nothing you can do. Unless you can find a witness or have solid proof the other driver was at fault, there was little you can do. You can find an attorney and try to sue the other driver.

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