what to do when hit by a driver that’s denying he is wrong

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what to do when hit by a driver that’s denying he is wrong

driving down the interstate doing the speed limit ,a cxar to the right of me
started to come toward my lane i pulled over to the left of my lane as far as i
coulod hoping he would correct hiself,however he kept coming and contact was made
i started spinning remembering at one point i was facing oncoming traffic i ended
up on a guard rail initially i thought he kept going to find out he pulled over
about two to three city blocks up the highway he drove his car away and mine was
towed as well as i in a camulance having no witnesses to stop police didnt site
either driver in the report he denied it was his fault i have liability and
uninsured motorist and was told because because no one was cited we wil both be
responsible for our damages i asked both his and my insurances would they
concider a lie detector test both said no

Asked on September 6, 2016 under Accident Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue the other driver, if you believe he was at fault. If you can prove in court, such as by credible testimony (which, since there were no witnesses, means that the court finds you more credible, or believable, then him) that he was at fault (e.g. driving carelessly, or negligently) in causing the accident, you can get a court order requiring him to pay for your damages, at which point he and/or his insurer will pay. Suing and winning is, unfortunately, the only way to get compensation. If he is local (same county as you), then suing in small claims court, acting as your own attorney (to save on legal fees) is an excellent option if the amount at stake is equal to or less than the maximum for your small claims  court.


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