hello
 friends, i have a strange insurance issue and desperately need some good advices. Please help me as a Nepali bro who is getting screwed by a liar.
the Incident happened in nov 5. a 19 year old kid driving his grandmom's car from out of state rear ended my car. i was in the middle lane, there was a car in the left lane little ahead of my car and he was speeding up to get between my car and the car in the left lane and pass me over. however, he couldn't do that and he ended up rear ending my car. the first time he did not hit the brakes because he was trying to pass me over but after that even thought he hit the brakes after the first impact his car hit my back bumper again. Although the impact was heard loud when we got out of the car the damages did not look bad , just some scratches. I called the cops but they did not show up because no one was injured and no damage was taken place. I had him call his insurance company and have them take notes of the incident which now the company denies of having anything on their record. the guy wanted to settle right there but i wanted to get it checked up by my dealer.
  and yes, dealer found out the impact absorber inside the bumper has been damaged. so i filed a claim with his company. his company believed my story and even sent a examiner to check the damage and estimated about 600 and more supplemental cost coverage if more damaged is discovered once the body shop starts the work.  however, they also told me that since the driver is not contacted yet they can not approve the payment.
    just today, his insurer agent called me and told me they were able to get a hold of the driver and he states that i actually cut in-front of his car which ended up causing the damages. This kid is totally lying and i am willing to go to any extent to teach him a good lesson in life, of course legally.
his insurance company now wants me to file a claim with my company too because it will be a disputed liability or split liability. i am all confused, i wasn't doing anything wrong. it was all his fault. i did not even change the lane. what can i do at this situation. please help me..

What do u mean the cops never showed up? It was an accident.. You should have called them over and over again at the first place....

Did you take photos? In most cases, an accident investigator can determine how the collision took place and who was at fault looking the damages.
Whoever's fault it is, the driver on the back car is considered at fault. Did his car hit you on the back bumper or on the side?

first of all my sincere gratitude for the quick responses. the accident was very shocking. i could see him on the rear view mirror. at first i thought he was just trying to scare me by coming close but he ended up hitting my car. even today i get a chill when i see someone coming close in my rear view mirror.
 i did dialed 911 , they asked me if anyone was injured or if there were major damages in the car. when i told them the truth , no they told me to exchange the info and file a police case on line. the damage on the cars don't look too bad. i didn't know i was supposed to keep calling until they show up for any claims later on. i have never been in this kinda situation before. i did rear ended a car before but i was honest and told my insurance company the truth.

According to his company he just made a recorded statement today. meaning, he waited for like 2 weeks to come up with the lie. what a total jackarse. i did not know that u could make a claim after 2 weeks.

the scratches are on the left side of my back bumper and his right side of the front bumper. he says i cut in front of him, which is a total lie. he actually tried to get in between of me and a car in my left lane and pass me over but he couldn't make it and ended up hitting me. i did take some pics but nothing got saved besides a pic of his drivers licenses. i am not trying to make anything out of this , i just want to be whole. its not safe to driver around a car if the impact absorber is damaged. and this guy is totally lying. now his company wants to do dispute liability.

furke, i was real disoriented at that time. i did take pics of his drivers license and the damage on my back bumper. his front bumper hit my back bumper. the damage areas are his right side of the front bumper and my left side of the back bumper. he is lying now saying i cut in front of him. if i was cutting that close in front of him i should have received damages on the sides of the car too. i hope the examiner would base their judgmental on that.

la bro good luck cha.. hai.. don't worry truth will win.. 

nepalikancho123, i don't know about the insurance issue, but i can tell you for a FACT that the cops won't show up in a minor road accident or if there are no injuries in the accident (no matter how often you call them. Unless the cops are passing by that road, and they see the accident, then they stop by to see if everything is ok). It's just that the cops may be attending to more serious issues at that moment and usually minor accidents can be dealt simply by exchanging insurance information.

But from your incident, we can all learn a lesson. Next time something like this happens and the other driver is at fault, we should prolly record a video from our phones of the damages and of the other driver accepting the fault. That way he/she can't bail out later on. Thanx for sharing !

come on guys, if you guys just let this thread die then it means no body gives a syttt about others in the community... i am sure lots of Nepalis work for insurance companies, lots of us have lived forever here . let him know what he can do legally, ethically and morally to take care of the liar...he is not asking for money or donation, just free advices.. if i knew i would help him out too... i am going to call my insurance company tomorrow to ask them the question..

Did you notify your insurance? If you have done you will be in safe side, if not notify it and they will be handling the case. If another car was involved , he or she was witnessed and will be helpful.

I had let my insurance company know about the incident before but today i had to call and make a claim too. Now according to them next step will be an adjuster calling me and coming over to look at the damage to my car. it is a disputed liability now, meaning there are two versions of the story. the guys is totally lying by saying i cut in front of him. 

Still, your insurance company will work on it. Hope they will make the other party liable, if you had witness that will put you in your favour.

Alright Kancho

I have been in this situation and I hope my experience benefits yours.

First of all you have to file a claim with your insurance company since both parties are claiming not guilty. Next, the companies will setup an arbitrator, somebody who is going to investigate on the claims. The arbitrator will hear both sides of the stories, possibly one more time (will be recorded again). He will then make a call on whose fault it is; it is possibly he could split the faults OR favor one party. If you don't like the call, you can then goto a county court and file a civil law suit.

The best case scenario for you is thus if the arbitrator decides in your favor.

I lost my case as the other guy blatantly lied as well; but lessons I learned can be used in your case. Here are my pointers for you to win the case.

1. Get your story straight. It took other responders multiple posts to understand how the accident happened. Make it simple.

3. Your story isn't adding up at all. You said the guy was in the left lane a little ahead of your car and he merged to your lane to pass the car infront of him. If he came to your lane and he was ahead of you, how did he touch your rear bumper?? Your front bumper should have touched his rear. If you are saying his front bumper hit your rear, why would a guy who wants to pass a car in front of him, come to your lane when you are clearly ahead of him???? If I was the arbitrator I'd find you guilty.

3. Expect questions from the arbitrator and don't hesitate.

Whatever happens don't take it to hard on yourself. I lost my case and lots of money for something I wasn't guilty for. Letting go is easier sometimes. If you really want to teach him a lession you can sue him but remember you don't have much proof of what happened and the judge will hear the same story that the arbitrator is going to.

Alright Kancho

I have been in this situation and I hope my experience benefits yours.

First of all you have to file a claim with your insurance company since both parties are claiming not guilty. Next, the companies will setup an arbitrator, somebody who is going to investigate on the claims. The arbitrator will hear both sides of the stories, possibly one more time (will be recorded again). He will then make a call on whose fault it is; it is possibly he could split the faults OR favor one party. If you don't like the call, you can then goto a county court and file a civil law suit.

The best case scenario for you is thus if the arbitrator decides in your favor.

I lost my case as the other guy blatantly lied as well; but lessons I learned can be used in your case. Here are my pointers for you to win the case.

1. Get your story straight. It took other responders multiple posts to understand how the accident happened. Make it simple.

3. Your story isn't adding up at all. You said the guy was in the left lane a little ahead of your car and he merged to your lane to pass the car infront of him. If he came to your lane and he was ahead of you, how did he touch your rear bumper?? Your front bumper should have touched his rear. If you are saying his front bumper hit your rear, why would a guy who wants to pass a car in front of him, come to your lane when you are clearly ahead of him???? If I was the arbitrator I'd find you guilty.

3. Expect questions from the arbitrator and don't hesitate.

Whatever happens don't take it to hard on yourself. I lost my case and lots of money for something I wasn't guilty for. Letting go is easier sometimes. If you really want to teach him a lession you can sue him but remember you don't have much proof of what happened and the judge will hear the same story that the arbitrator is going to.

your story definitely helps. Now i now what usually happens in a situation like mine and better prepare for it. However, i am little surprised that you took the totally wrong meaning from my explanation of the incident. here is what i have written earlier: 

anyway, i just called my insurance company and it is not looking good. they gave me two options: 

I am now more confused with your statements. If you want I can explain why it is confusing but I guess that's a moot point now.

If the damage is less than the deductible amount then the insurance company won't fight in your behalf. You just have to bite the bullet or file a small claims suit.