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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118238
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I had an accident on 11/26/2015 where I was t rear-end. On

Customer Question

I had an accident on 11/26/2015 where I was hit rear-end. On the Police Report, the driver that hit my car, stated correctly that I stop because there was an accident in front of me he hit me. But to his insurance, he told that I changed lanes in front of him. It is a lie. His insurance wants to pay only half the damages. The total damage is $1757.46 as those insurance appraisals. My insurance argues for me but can’t force the other insurance to pay. I am 100% not guilty and can prove it. Can you represent me?
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What he told the police at the time of the accident is the official report unless there is some INDEPENDENT evidence to prove you changed lanes, not just his self serving statement.
If your insurance company cannot get the other insurer to pay, your next recourse is you need to sue the driver of the other vehicle yourself and you can do so in small claims court and do not need an attorney in small claims to do so. The amount of damages involved here would cost you more to hire an attorney than the damages are worth so attorney's fees would not be economical and it is why many attorneys would refuse to even take the case.
You need to file suit in small claims against the driver and pursue the driver through that process to recover your money. When you sue him, his insurer will step in to try to defend him, but if he has no independent evidence that you changed lanes, the police report is what is used by the court as evidence in the accident, since the police did an investigation based on the statements to find them to be valid.