I was hit in a Walmart parking lot, no injuries, the driver of the vehicle gave me his insurance and ADMITTED fault at the scene. This was on 4/1/19, now today, I am talking to the insurance company and they only want to pay 50% of the damage although the insuree admitted all responsibility on scene.I had 3 people in the vehicle who can confirm my story. I'm also almost wiling to bet the insuree told the insurance company it was his fault, and if he didn't can i sue him for false statement?
No, you can sue him for the ACCIDENT. If you don't agree with what the insurance company is saying, then take their insured (the other driver) to small claims. Bring your witnesses and prove your case. The insurance company will have to pay 100% of the court's judgment. I'm willing to bet they change their tune before the trial date arrives.
You can sue for the incident, which damaged you. Not for him saying things happened differently. As a practical matter, you are not going to pay an attorney $250-$500 an hour to sue him for this, so there is no point in getting worked up over him saying something different.
In addition, a lawsuit based "I am almost willing to bet..." would be immediately tossed by a judge.
Your much better course of action is to either sue the other driver in small claims court. If you win, his insurance will pay the full judgement up to the policy limits. Or, have the car fixed via your own insurance and let them handle dealing with the other side.
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No, you have no standing to sue the other driver for making what you claim is a false statement. That is an issue for the police to handle.
If the other person’s insurance company is denying liability or has not yet accepted full liability in a timely manner, your options are as follows:
1. If you have your own collision coverage, you can use it, pay your deductible, and let your insurance company fight it out with the other person’s insurance company. That’s the reason you pay insurance premiums. Let your insurance company earn its keep.
2. If you don’t want to use your insurance or don’t have any collision coverage, you can file a small claims lawsuit against the at-fault party or parties (the driver and the owner if they are different people).
3. If the insurance company appears to be unreasonable in its denial or delay, you can make a formal complaint with your state’s Insurance Commissioner’s Office. Go online to find out how to do so in your state.
4. Lastly, but actually most importantly, if you were injured in the accident, I would contact an experienced personal injury attorney in your area as soon as possible before talking to the insurance companies. You may have some coverage on your policy that will pay for medical bills or have Uninsured Motorist coverage as well. Your attorney will investigate all avenues of applicable coverage for you. You can use the "Find a Lawyer" link at the top of this page for names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
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