How Insurance Works
If you hit someone and you have insurance, the insurance is liable for the judgment that they other party may get against you if they sue you (up to $25,000). Ergo, to avoid paying out huge sums from a judgment where their driver may be held responsible, the insurance company likes to settle the claim to avoid litigation
. Once an agreement is reached, the other driver signs a release and waives their right to sue in exchange for the payout.Police at the Scene and Tickets
When there is an accident, the police may assign blame. This blame is not "forever," it is merely as the police assess it. The blame is in the form of a ticket. Now, this ticket may not even survive a challenge from the ticketed party in criminal court. However, it is strong "evidence" of what happened and who is to blame, and may be used in civil court to help a party prove that the other is to blame.
Thankfully, no one got ticketed, so there is no assumption that you are responsible.What Happened Here
What happened is that the other party likely will file a claim (if they have not already) with your insurance. The insurance can determine who is responsible unofficially though their internal investigation. If they feel - and that is simply it - feel - that you are responsible and the other driver may win in a suit, they can pay him out. However, if the damage is beyond what they are liable for ($25,000), then you may be liable for the rest. But even then, the other driver would have to SUE you and prove by a preponderance of the evidence that you are at fault.
So at this point, you may wish to clarify whether or not your insurance has been told by the other driver that they may file suit. If so, then you may wish to retain counsel only to defend yourself for anything beyond the $25,000 payout (if anything). May I recommend the NJ Bar referral program - here
. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.
However, my guess is that the other party is likely to simply take whatever the insurance offers them and leave, and not even file suit.
But at this point, there is no way to prove that the man lied aside from your formal statement to the insurance company. The only other way to show he lied would be in court, if he sued, and of course you hope that he does not (and likely he will not).
I hope this clarifies. Best of luck.
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