by garciaa » Wed Sep 09, 2009 04:25 am
I was in traffic, and I got rear ended by a truck in the left lane. I then motioned the driver to move over to the right lane (which was three lanes away). It took us about 3 to 4 minutes to get over to the next lane. When I got out of my car the other driver was apologizing and then told me about a third driver that had hit him. He said that the guy sped off, and not to worry about it that his insurance would take care of it. Now his insurance is saying that they wont pay because there was a third car, but where is this phantom car? Once the truck hit me I had enough time to take down his li number? And how did the phantom car fly away in the midst of traffic on a highway? What do I do? Also he is a commercial driver so he knows what he is doing more than I?
Posted: Wed Sep 09, 2009 05:08 am Post Subject:
I'm guessing there was damage to this person's truck from the 3rd vehicle? His company should send someone out to inspect their insured's truck to confirm his story.
Is the other driving stating that the other vehicle did not stop? Why did it take you both 3-4 minutes to pull over and why did you slow/stop in the first place? I'm guessing that there was heavy traffic? If so, how could the person that rear ended you not be able to get a tag number to the vehicle that hit him?
Is the other person's carrier completely denying your claim? For them to deny all liability there would really need to be some contact between this 3rd vehicle and their insured's truck. Otherwise they should be accepting some liability at least.
Posted: Wed Sep 09, 2009 11:03 am Post Subject:
I've had my share of these types of claims...If his carrier didn't inspect his vehicle and PROVE that he has FRESH damage to the rear of his vehicle, or a witness states this, then they haven't properly investigated their claim. I'd ask for pictures showing the damage to the rear of his vehicle. The benefit of the doubt will go to their insured, so if it's a draw..your claim will likely be denied. Have you filed this with your carrier? If not you need to right now. They will also investigate this and should also inspect the rear of his vehicle. And yes, there has been enough time that he could've ''added'' some damage to the rear of his truck...but there's (unfortunately) nothing you can do about that.
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