Question:

What do i do? I was rear ended while i was making a turn onto a road?

by  |  earlier

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the lady who rear ended me said that i slammed on my brakes for no apparent reason even though i had my turn signal on. she is around 80 years old. There is supposedly a witness (the insurance company wont reveal her name) that says i slammed on my brakes? the thing is though there are no skid marks any where on the road and neither mine nor hers brakes locked up. Her insurance company is denying my claim (her insurance company is statefarm) what do i do so i can get my car fixed i do not have any coverage on my car

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5 ANSWERS


  1. Personally I'd give my attorney a call - because that's what he's there for.  Don't they HAVE to reveal witnesses?  

    I mean if they dont' release her name who's to say this "witness" isn't a load of BS fed to you to get you to drop this.


  2. File a claim with your insurance company.  What reason did you give for stopping?  The person behind you has a duty to keep safe distance for instances like this yet you also have a duty to drive reasonably and not react by slamming any brakes on.  If this is the way it happened, you may find yourself a small percentage at fault, yet she should bear the burden

  3. If you don't have insurance you shouldn't be driving. It's illegal.

    You should have called the police and had them file a report. You would have gotten a ticket for no insurance but it's cheaper most of the time than repairing a vehicle.

    I would almost guarantee that the witness is a relative who wasn't there. It's your word against theirs.

    You could hire a lawyer, claim whiplash and take her and the insurance company to court, but it would come out that you don't have insurance. Sorry, you're stuck.  

  4. File with your own company.  It doesn't matter why you stopped, she was following to close to be able to aovid the collision. It would be her fault. Even if they have a 'witness' all they can say is you stopped and she didn't.  Unfortunatley Statefarm at this time is denying liability  (responsibilty) on pretty much everything. I would let your company deal with them.

  5. You say you are insured.  What insurance coverage(s) do you have ?  99 percent of the time that you are rear-ended it is the other persons fault.  They can deny your claim but if you persist, you should win.  The reason they may be trying to get out of it is (if) because they know you have no collision insurance and therefore no insurance company to help you.

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