What do I do if the other party lied to their insurance company, which resulted in them denying my claim?

While at my stop sign, the other driver was approaching hers. I proceeded to cross the street, as I should have, because I had the right-of-way. Whether or not she stopped at her sign, I don't know; she couldn't have. When I looked to my right I seen her car coming at mines. I immediately slammed on my brakes to prevent the accident, but she hit me, anyway. She had the shocked look on her face like an alien said Hi to her. We both backed our cars up, and she got out hers and started walking around looking confused.

I called the cops and they said that they don't come unless someone's injured. So we exchange information, I called my insurance,I took pictures, and we went to the police station. While at the police station when I was giving my statement, she said she thought I was making a left hand turn.

I called her insurance company the next day to follow up, and they said they were denying my claim because she said she had stopped at the sign and there was no one on the road when she proceeded to cross. A huge lie. How do you say at the police station I thought you were making a left hand turn." Then turn around and tell her insurance company no one was in the road. So they're saying I can't proof otherwise.

Now I have damages that possibly won't get fixed.

WHAT DO I DO? SUE?
Additional Details
she was elderly

Theneelster

Well...if they won't pay the claim I suggest you sue.

Usually in court a person who's lying will be tripped up by questioning and result in a favorable verdict. Just don't do it if you were at fault...that's a horrible thing to do to someone.

Plus: her story makes no sense. She's going to go when you're making a left turn? No. She'd end up in an accident that way. She just shouldn't be driving.

Disclosure: it's sad to take independence away from seniors but in some situations it's a necessary thing. If you're not a safe driver or you can't operate your vehicle you shouldn't be driving it. End of story. People have to have some sense of personal responsibility in this world. What if she ran down a child? Stop it before it happens.

CTina

Unless you have hard evidence that you're not at fault you won't win. The other carrier's duty is to protect their guy- you have the duty to prove your case.

You can file small claims court against the other driver but again, if you don't have proof then you just spend a few hundred on court fees.

If you file suit against the other carrier, they have attorney's as well and again, you need proof to win- your word isn't proof.

Unless you had an independent witness, you're pretty much screwed. That's why you should carrier collision coverage and file through your carrier so they can do an investigation on your behalf; they may get some of your deductible back after everything is settled.

ladystang

sure, doubt if you can win
you should have taken pictures before moving anything

Mushu

Not sure why you felt the need to add that she was elderly.

Have your own insurance company take care of it. If you have collision coverage...

Just remember, if you try to sue, her insurance company will be there to defend her. Your chances of winning are between nil and nevermore.

ahmed

i had a accident afew years ago, there was 3 lanes and it came to a curve about 15 meteres away from the traffic lights going in2 right. and i was in the far left lane that went straight and turned left into a street, the person on my right side which is the middle lane can only go straight. when the light went green i took off at a normal speed as we all do and when we came to the bend to make a right, i went into the bend and the car in the middle lane hit my right door and rear panel and continues in2 the street in the left and stopped, then back out on the road and we had a chat. he denyed any fault and and said he wanted to go in that street and i told and showed him that im in the right and the marking on the road that you cant go straight from that lane, and he kept saying i went in2 him. then afew minute time to took fault coz i said i know this area very well and im just gonna have to sue u then. so we exchanged contacts and he let his insurance company know he had a accident BUT he twisted the story around saying that i took off like a idiot at speeds of 70k's and i ran in2 him. how can i hit him if i took off fast and him slow? there is no way. so i found a recovery agent and went thru them and they investigated and came out that im in the right and they lied coz we had to draw it out and make a statement. but then bad news came to me that they cant do anything coz theres no witnesses and both storys dont make sence. how can it not make sence when they went down and had a look at the intersection and i was in the right, just to make it harder they went out of victoria, and changed their contacts so i ended up paying for the damage out of my own pocket at $2,800 and my car had pearl through it aswell. so if you wanna win the case you gotta have proof, photos, witnesses, whatever thats gonna have a strong case. mind u i didnt have insurance.

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