Do I need a lawyer for a no fault accident, the other driver lied.?

calipink22

File a claim with your insurance company, even if you don't have collision coverage. Explain to them exactly what happened. If your insurance company is any good you'll have trained and licensed adjusters on your side. They'll do a liability determination, get recorded statements from both parties and examine each vehicle. Once they declare that the accident is not your fault and the other driver holds 100% liability they'll close your claim and file a claim against the other driver.

Good luck

cdabexx

This is too late to help you this time, but in the future if it happens again, always get a witnesses phone number and address. Also take pictures with your cell phone if you have one with a camera. Pictures of the crash site would have proved it was the other persons fault.

mtwaites

You need to get a lawyer. Without having a lawyer, you're pretty much not going to get anything. They will believe her story, and her story from what you were saying is completely wrong. You're right, it is normally the person that hits the vehicle that has the least damage.

This was the case when I was in a car accident about 7 years ago. I was driving, and there was very little damage to the guy that hit me, and my car sustained quite a bit of damage to the car. The whole back end was dented around the trunk area.

That is why I say get a lawyer, or you're not going to get that much.

Scott W

well did anyone else see this happen?if you have a witness then you have a chance of winning you`r case.you could call or talk to a lawyer and see what they say,but its ur work against hers if there are no witnesses.good luck,stupid cops thats why we pay them to do there job and help us and others.

BlaZinFiReGuRL

File a claim w/ insurance and if they fail to provide you w/ compensation then i would hire a lawyer to sue the other party for damages in small claims and then sue the Insurance Co for bad faith.

mbrcatz

There is no such thing as a "no fault" accident. The accident is ALWAYS someone's fault.

There IS such a thing as "no fault" states, where everyone ALWAYS collects under their own policy - you can't sue the other guy.

Also, police do NOT determine fault. They never have, they never do, in any state.

There is a problem with the accident, as you are describing it. The damage to HER car, is behind the damage to YOUR car. That is probably why the officer didn't issue a ticket - it's not clear, from statements or evidence, who is at fault here.

With no collision, you're going to have to hire a body shop to look at your car. Or, wait until her insurance company contacts you, or she sues you for the damage to her car. If THAT happens, then your insurance will look at the damage to your car. You can TRY to file the claim with her insurance company.

They will be able to tell, from the dent, which one of you was trying to pass whom - or cut off whomever - and THAT'S the person most likely at fault.

So, you can sue her, but you'll need proof. And it's probably a small claims court thing, but your PROOF is going to be expensive - to you - to get. An attorney isn't going to take this on contingency - there isn't enough money involved. You'll have to pay them, and it will likely cost you $5,000 or so. Which you'll get back, of course, if you win.

Gambit

If her insurer has denied liability then I'm afraid without witnesses you're only option is to go to court and have a judge declare you to be 100% not at-fault, because the best you can hope for currently in 50/50. People might be willing to lie to an insurance company but lying to a judge is another matter altogether (an insurance company cannot imprison you for contempt of court). I would try going through small claims court in order to avoid the expense of a lawyer. Your insurer will not pay for a lawyer for you to launch a lawsuit against someone else, they will only pay to defend you.

Masta Baiter

Nah - lawyers really aren't good for anything.............

Drakestone

Yes, you need a lawyer, but check with your insurance company first; they may provide you with a lawyer. I do not know Georgia law, but the accident did not sound 'no fault' to me, especially if the other driver is blaming you. Even if the police officer did not witness the accident, I hope you got his name and/or badge number.
I had an accident in a small town in Mississippi. I was rear-ended by an unlicensed 16-year old driving her father-in-law's car and she was a friend of the officer. If I had not been completely stopped and waiting to make a left-hand turn, I am convinced the officer would have cited me for something.
In Louisiana, I did hit another car because she cut in front of me and did not clear the intersection while making a left-hand turn. In this case, the police report clearly stated that she was at fault and still she told her insurance company that the fault was mine.
I hope you got her name, license and insurance information. Now, gather as much other information as you can, including who the police officer was. Good luck

Back Attcha

DO NOT USE YOUR INS COMPANY TO GET YOUR CAR FIXED. Refuse to pay any damage to her car, then drop any claim for your damage to you car. pay cash to get it fixed. no need to pay for the next 6 years is there? Because that's what the ins companies do to you if you make a claim.In order to get your rates lowered bunny hop ins companies every 6 months and keep looking for cheaper rates.Let them know that their rates are not low enough and are unacceptable.Make sure that you drop your claim before you drop the company your with now, as records follow you.Best not to have this on your file. NO FAULT INS MEANS NO FAULT. MEANS BOTH PARTIES MUST PAY FOR THEIR OWN DAMAGES. No need to take it out on Georgia police just because they decided to become lazy in the performance of their duties and is no reason to call them stupid.After all they cannot attach blame to someone when they didn't see what happened.You can't expect them to just show up and figure it out now can you.

All American Boy

These days, you almost need a lawyer for any kind of accident. Alot of the time the ins. companys will try to rip you off.

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