I got into accident please help?

So recently I got into an accident and I was going south Randall road and the other driver was taking a left turn on a stop sign but what he did was that he pulled in the middle of my lane and when I pressed the brake, my car slid and hit hit his rear end and the police report say it was his fault which is true. I

So recently I got into an accident and I was going south Randall road and the other driver was taking a left turn on a stop sign but what he did was that he pulled in the middle of my lane and when I pressed the brake, my car slid and hit hit his rear end and the police report say it was his fault which is true. I already filed a claim and I call the other driver insurance company and they won't take liability? WhT do I do? Do I sue them ? Please give me some guidance

Other answer:

Hi:
Couple of glaring problems in your question. Police reports are just that, reports. They do not and can not state fault, that isn't their job.

The involved insurance companies set fault, and you can't say it isn't your fault unless the insurance determines you are not at fault.

While it is true you can't start a left turn unless the way is clear it is also true you are driving too fast for conditions if you can't stop to avoid an accident, so I can see a split on fault in this one based on what you have said. " I mean if his car wasn't in the middle of the road this accident wouldn't have happened." Perhaps, but if you had been driving defensively and had been able to stop it also wouldn't have happened.

You don't need to think about litigation and attorney fees unless you are found not at fault and the at fault company needs a prod from an attorney.

As for the here and now, direct your questions to your own insurance to find out what is going on and why.

Hi:
The other driver got a citation as well as arrested but I'm not sure why he got arrested. I mean if his car wasn't in the middle of the road this accident wouldn't have happened. Is there any way to win this case and if not what should I do. The other driver got a court date on the 13th. Should I go? I just don't want my premium to go up that's all. Should I hire a lawyer
lucy:
I am totally confused.

If he got arrested, my guess was that he was DUI, or other reasons, that may have nothing to do with this accident.

If, in fact you rear ended him, then you would be held liable. That is why his insurance is denying your claim, since they may believe that you are at fault, not him. Granted his pulling in front of you, could be in dispute, but it will depend on where the damages are on your vehicle and his.

Police do NOT determine fault, insurance companies do. So, I suggest you file a claim on YOUR auto policy and let YOUR insurance company decide, if they pay or deny the claim, since that is what you pay your insurance to do.

Lawyer no, since your insurance companies have lawyers to defend you.

g:
It is not your personal responsibly to justify fault to the other motorist's insurer. That is your insurer's responsibility. Got it? That is what you pay them to do for you.
Scott H:
Did the cop ticket the other driver? The police don't determine fault for civil liability purposes. The insurance companies do. It sounds like your insurance is going to be paying to repair the car you hit, and you are responsible for repairing your own car.
StephenWeinstein:
You stop calling. They don't have to take liability on the telephone. You can't sue on the phone. Either you stop calling and you sue, or you stop calling and you don't sue. But, either way, the first step is to stop calling.

Calling tells them that if they don't take liability, all that you are likely to do is too keep calling, so they don't have to take liability.

The first step is to communicate in writing, by certified U.S. mail, return receipt requested, without using the phone. Communicating in writing, by certified U.S. mail, return receipt requested, without using the phone, tells them that if they don't take liability, then you are more likely to sue, so they are more likely to take liability.

You might have to sue, eventually. But you might just have to stop calling and communicate in writing, by certified U.S. mail, return receipt requested, without using the phone.

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