Insurance Help!!! I got rear-ended.

So as the title says, I got rear-ended a few weeks ago.

Stop and Go traffic on I-35 in Fort Worth. Only problem is that the guy behind me failed to stop. He had stopped behind me once, so I don't know why he couldn't do it a second time. The damage is minimal, and the FWPD was dispatched. Since both parties have a valid drivers license, valid insurance, and no citations were issued; the officer did not write a report. I specifically asked for one too, but he refused and told me that it becomes a civil matter since both parties have insurance and licenses.

The driver of the other vehicle is now saying that I cut him off and slammed on my brakes, and that there was no impact. Basically he is saying that it isn't his fault. I had to go get an estimate, and then I had to go to another shop for them to take measurements with the height of my bumper and the height of the indentation where his license plate bolts left marks. I have not yet heard from his insurance company (Allstate), and I have the sneaking suspicion that they are going to give me a load of BS about why they aren't liable for the damages.

He clearly hit me, and he is clearly at fault.

Any advice or suggestions?

 

typical police..... just didn't want to do the paperwork

 

Did you file with your insurance company or only with his??

 

Report it to your insurance and hire a lawyer to deal with the other party's insurance.

Get the medical care you need, if any.

That's what I did.

If you don't hire a lawyer now, you will be sorry...

 

That's what I kinda figured. I asked for one, but he wouldn't do it.

The officer told me to contact my insurance. They are aware of it, but i'm not claiming it through them. I've been in contact with his insurance, but they have not been the best to deal with.

I have two estimates. One is through an "Allstate Authorized" body shop and the other is through the shop that does the work for the dealership. The first estimate is for $140 and the other for $180. I doubt I can hire a lawyer for much less than that. No medical care needed. The Allstate shop couldn't even find the center plastic piece that needs to be replaced. I just want his insurance company to pay the amount that it will cost to get everything back the way it was. Since insurance companies aren't in the business of paying out money very often, I fully anticipate some resistance.

Anyone got any words of wisdom of how I should phrase things to minimize (or eliminate) the resistance?

 

Unless you were reversing, it's not your faut. It will be rated at a percentage for fault. 51% at fault means that your insurance company is liable for the damages for both parties. If you cut him off and slammed on your brakes like he claims and police was on the scene, they would have written a report and possibly give you a ticket or charged you with something. So basically it comes down to your word versus his and most likely go with yours since 99% of the time you rear end someone, it's your fault. Stick with the truth, you'll be fine. I used to work for an insurance company for 6 years.

An example of a rear end claim is that if you were sitting in traffic and someone rear ends you that causes you to rear end the car ahead of you, your insurance company may be liable for the damage to the car in front of you.

I also suggest you install a ball hitch. It doesn't prevent serious damage to your truck but is sure as hell does damage to car rear ending you.

 

Let your insurance company handle it. That's what you them pay for. You won't be found at fault and your rates won't change.