First, let's assumme (just for the sake of discussion) the driver behind your wife is correct. If it is true that he was pushed by another car, then he is not at fault, and if the offending vehicle fled the scene, you have an underinsured motorist situation, and your vehicle's insurance coverage needs to be evalutated. Your wife may be covered, but that would depend on the specifics of your policy. Now, let's assume the driver behind your wife is lying about the"mystery" vehicle. This can...
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Not only can you withdraw the claim, but you likely have an obligation to close the claim if you opened it unnecessarily. Your insurance company will appreciate your honesty, and you will sleep better at night knowing you did the right thing.
This answer assumes that your accident happened in Washington state. You might receive tickets for driving without a license and without insurance. But you still have a right to be compensated by the at-fault driver (or their insurance) for any harm you suffered, such as vehicle damage, medical expenses, lost wages, and pain & suffering. You should to talk to a car accident attorney in your area. Many accident lawyers offer a free initial consultation.
Having personally taken Wal-Mart to court in slip-and-fall cases, I can tell you that they defend these cases very aggressively. Slip-and-fall cases are difficult in general, because in most states the law makes it difficult to prove the store was negligent. For example, in Washington where I practice, you must prove that Wal-Mart knew about the hazard and failed to act with reasonable care. Wal-Mart is a particularly challenging opponent because they will often fight to the bitter end...
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