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A construction companies driver caused an accident which did a good amount of damage to my daughters car? |
The driver admitted fault, got a ticket, gave the police the insurance information and the information about who owned the auto he was driving.. I called my insurance company about 45 minutes after the accident. Then they tried to get a hold of the others drivers insurance company. Turned out he gave false information about the insurance. So they called the owner of the car. Turns out he sold the car. It took us 5 days and dozens of phone calls to find out the real owners name and who his insurance is with. Turns out the first owner sold the car to a construction company that he owns. {sneaky, that he didn't think he needed to tell us that the first time we talked to him} He never reported the accident to his insurance company. my car is undriveable. I do not have the 1000 dollar deductable i need to file it under my insurance and the butt head owner is being very rude. Is anything he did illegal? like giving false insurance information? or trying to hide from us? The owner of the other car demanded that I get him a police report. {i said -go get your own report, just like I did} TheN he demanded that I take my car to a certain body shop to get an estimate done. {found out he also has part ownership in that body shop} He could be charged with falsifying a police report, a crime punishable by a maximum of six months in prison and a $1,000 fine. Yes its illegal to give false information to a police officer. And withholding pertinent information can also be a crime. He also can not require you to use a specific mechanic. You have the right to have your car fixed anywhere you wish. Contact the police and make them aware he lied and gave false information. They will add this to the report. From there you have several options. You can A. sure him in small claims court for your damages or deductible. B. Hire an attorney and sue him. C pay your deductible and use your insurance for the damages. I personally would go with option B for a couple reasons. You dont want your own insurance premiums to go up. You shouldnt have to pay for an accident that was not your fault. He openly is lying and trying to screw you over. And last reason is he is going to already have an attorney and your going to be fighting an uphill battle. Get a lawyer so that you do every thing right because you can bet that he has one. When someone has caused you harm, they do not need to voluntarily cooperate. Most do. When they don't, you do not need to accept any offers or conditions. Instead, you sue for all of your damages. Not just the deductible, but every penny. Including lost wages, the cost of a rental car, etc. When you do that, then he will notify his insurer and you can probably reach a settlement. Regarding the false info, that is a police matter and you can simply send a letter to the officer who was on the scene. Absolutely. He did at least three things wrong. First of all, he purposefully gave the wrong information to the police officer that investigated the accident. Secondly, he did not report the accident in the time alotted by state law to report the accident to his insurance company. And lastly, he is still driving around with a false registration and insurance information. The second offense alone is enough that his license should be suspended by the state. The other offenses also carry license suspensions with the first carrying the biggest penaly of all. You cannot lie to an officer when filling out an accident report that has been determined to be your fault. I would suggest that you contact your insurance carry and see what you can do about the deductible for now. They may be able to waive it justthis once or be able to file your accident under a special claim to reduce the deductible. i believe so, giving false insurance information should be illegal, so check in with a lawyer, ull probably need one. |
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