I was driving on the high way, and this truck tried to switch into my lane aggressively. I guess I was in their blind spot They bumped my car and trying to avoid a car accident I swerved and ended up hitting the side railing. The car that caused it stopped, they looked at me and sped off. I didnt get their license plate number because making sure my younger sister wasnt bleeding was my first concern. She has a bleeding problem called ITP. Her body can't form platelets which are in charge of causing the blood to clot.
My car is totaled, and my insurance company is blaming me for the accident. They say that I made up the car, and there is no proof that it bumped me causing me to swerve. Bare in mind the front of my car is completely gone. So the proof has basically been tampered with.
There is only one reasonable thing to do in this type of situation: Hire an attorney. The insurance company does not care about you. The only way to protect yourself is to hire an attorney.
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I assume you contacted the police. Most states and insurance companies require that you contact the police about a "phantom driver." You may have trouble if you did not do so---I suggest you do so immediately if you did not. You need to retain counsel to pursue a claim if your company simply refuses to pay your claim. If the car does not have a lot of value you may not be able to find a lawyer willing to handle the claim. In that case your only recourse is to sue your company your self for breaching your insurance agreement and for bad faith. If you notified the police of the phantom driver, your testimony as well as that of your sister as well as pictures and estimates of the damage may be enough for you to prevail.
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Have your sister give a statement as to what happened with an attorney who you select. You and she may have an uninsured motorist situation (applies if there is a hit and run). They are forgetting their duty which is to put your interests paramount. Most states regs require them to settle cases fairly. Talk to a member of the Md Trial Lawyers Ass'n.
All the best to you and your sister for the season and new year.
Contact an attorney to represent you. They can sue your insurance company for the accident. Your sister would be a witness. If you have collision coverage, make a claim for property damage through your collision.
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It would help if you reported the accident to the police the day it happened, and there is a police accident report. You basically have a breach of contract claim against your insurance company, for failing to pay under your policy provisions covering phantom vehicles who caused your accident but cannot be identified. Hopefully, you have such coverage. It will require your and your sister's testimony to establish the facts of what happened. The insurance company will have no way to rebut your direct testimony, as they have no witnesses to contradict what you claim you saw that day; however, they may try to use a collision claims adjuster to argue that their inspection did not reveal any evidence of another vehicle striking your vehicle. A judge will have to decide whom to believe. Unfortunately, you may not be able to recover your legal fees incurred to put on this law suit. Depending on how much your car is worth, you may decide to file suit on your own, or at least pay a lawyer to review your case and help you file it and advise you on how to present your case, even if they do not represent you in the trial. It is unclear whether you have a "bad faith" claim against your insurer, which might provide basis for recovery of your legal fees.
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