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The lady that rear ended me gave me a wrong last name and is now saying that I backed up into her. What to do now?

Bakersfield, CA |

I was at a stop sign and looked to see if both directions were clear to go I then started to proceed into the roadway when , a car came around the corner at a high rate of speed, I immediately stopped and was stopped for a few seconds, when the car behind me, hit my bumper. She got out of her vehicle and asked me why I stopped, I told her a car was coming, she again asked why I stopped. . We exchanged informations and were on our way. I then received documentation from her insurance company wherein, it has a different last name than what she had given me. Her insurance is saying I am at fault. They have not even taken my statement. My insurance is doing nothing. My 15 year old daughter was in the vehicle with me and my insurance wont even take her statement.

Attorney Answers 5

Posted

If you and your daughter were not injured and you have comprehensive coverage on your automobile, work with your insurance company to have your car fixed. They will go after the adverse driver's company if they feel it has merit. If either of you were hurt or you have no comprehensive coverage, hire an attorney to represent your interest.

This response does not create a lawyer client relationship. Each case is determined on its specific facts and this reply is intended for a general audience and facts particular to your case may affect the answer. Consult with an attorney in person for specific answers to your questions.

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Richard Andrew Harting

Richard Andrew Harting

Posted

Actually in California it will be collision coverage - but same idea.

Posted

First the named insured on a policy may well be different then the driver involved - not unusual. Their carrier is alleging what is called a reverse rearender - very hard to prove. You will need to let this rest in the hands of your insurance. If you are unhappy with the way the adjuster is proceeding contact their manager. The problem with your daughter is that she is not truly independent - but better then nothing.

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Asker

Posted

She is all that I have. I have called the gas station/store at the corner where this happened and they dont have any footage from their security footage. Its my word against the other driver's. Who btw, I believe has many convictions for fraud, forgery etc.

Asker

Posted

Thank you so much for answering :)

Posted

Most important, communicate with your insurance company in writing and note every employee and extension number you speak with by phone. That's why you have insurance. Cooperate fully with any attorney the insurance company assigned to your case. Insist in writing that the facts are wrong.

If this produces no results, use the Find a Lawyer function at the bottom of this page for a very good Avvo attorney in your area.

The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.

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Asker

Posted

Thank you for answering my questions. I did just call my insurance, who seriously have done nothing. They will take a statement from my daughter when she gets out of school. Its really too bad the Police Department will not come out for non-injury accidents. A police report would have been a nice thing to have.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Your story is all too common in my experience. The police don't come, and the deft admits fault, but there are no witnesses or independent witnesses. Then the deft changes his/her story later. I always suggest that people get a police report, or if the police refuse to come out, pull out a paper and pen and have the person write down that the accident was his/her fault for rearending you. If no paper, then pull out your cell and have the person call you and leave a voicemail message admitting what they did. I agree with Mr. Faulkner below. If you don't have collision coverage, sue the deft in small claims court and take a shot there for your car damage.

Posted

The fact of the matter is that insurance companies are not always as helpful as they should be. In accordance with Mr. Doland's answer, be persistent and document who you talk with. Your insurance company has a legal obligation to represent you and look out for your best interest. Best of luck.

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Posted

Let your insurance company resolve it.

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