What would you do in this situation?

[TheJMan]

I'm just curious to know what others might do if they were in the same situation as me.

Here's the situation:

On March 18, I was leaving school and waiting in line to get out of the parking lot. Suddenly the driver of the car in front of me puts his car in reverse, mashes the gas, and BAM! into my front bumper. The damage to his car was quite severe, and the damage to my Explorer was very minimal, not even worth repairing. After we both exchanged insurance information, he claimed that I rear-ended him at 15 mph. In reality, he backed up into me at maybe 7 mph, and the damage reflects that. Unfortunately, there were no witnesses. But, his insurance company just sent me a letter saying that after their own investigation, they determined that I rear-ended him. (Of course, they never want to pay for anything they don't need to)

Now for the interesting part:

I am a senior in high school, and because I don't need to stay an entire day to meet the needed graduation requirements. I leave school at noon. Now, the other kid is a junior, and no juniors are allowed to leave early. Today, that same kid was brought into the principal's office for of all things, ditching school. So technically, the kid never should have been there in the first place.

What should I do? Is it possible to challenge is position based on integrity alone?

 

[Flounder]

First, have your insurance company get in on it. Second, make sure they know his credibility is less than perfect. Let them get to the bottom of it. In the end, it may be a 'no fault' if both sides cannot agree.

 

[dman726749]

how in the world could you back into him and hit his rear bumper with your front bumper. his insurance company is really messed up, call your insurance company and get on top of this, and call the cops next time

 

[TheJMan]

how in the world could you back into him and hit his rear bumper with your front bumper. his insurance company is really messed up, call your insurance company and get on top of this, and call the cops next time

We were both in line to get out of the parking lot, and he was in front of me and backed up, his rear bumper hit my front bumper. And, yes I did call the cops. They told me that because it was on private property they would not respond, and instructed us to exchange information.

 

[dman726749]

We were both in line to get out of the parking lot, and he was in front of me and backed up, his rear bumper hit my front bumper. And, yes I did call the cops. They told me that because it was on private property they would not respond, and instructed us to exchange information.

ok well then how is his insurance company claiming that you backed into him when the damage is on your FRONT and his REAR bumpers, sounds like his insurance is trying to scam you.

 

[TheJMan]

ok well then how is his insurance company claiming that you backed into him when the damage is on your FRONT and his REAR bumpers, sounds like his insurance is trying to scam you.

His insurance company is claiming that I rear-ended him.

 

[dman726749]

ahh gotcha

 

[Jefe]

Dang. Same thing happened to me. I was in a Mustang and a minivan backed into me, waiting to pull out of a gas station driveway. Luckily I saw the reverse lights come on and threw it into reverse or there would have been a lot more damage. Problem is my car received most of it. All the plastic cracked off the plastic bumper. I was out of town on work, working 12+ hrs a day and so I didn't call my insurance company immediately, so her insurance turned it into my fault :fire: , even thought she completely admitted fault at the time of the accident. Luckily I had a passenger and witness, and so my insurance company sorted it out.

 

[TheJMan]

I am very thankful that I drive an Explorer. If I'm not mistaken, the bumper is directly attached to the frame, and it is mostly metal with some plastic, which would account for such little damage. His car, a 1998 Nissan Sentra didn't fare as well.

 

[agallant]

I don't think that school policy would have any effect on rules of the road. If he hit you and his insurance company said other wise, fight it. you know insurance fraud is a crime. what did your insurance company say about it? and if you live in a state like mine(New Hampshire) where insurance is not required you are going to have to take it to court.

I had some thing like this happen. i got rear ended in my porsche by some lady. her insurance company said that it was all my fault because i slammed on my breaks. I fought it and about a month later i had a check in the mail for the repairs.

 

[Iowa Hick]

Wow, I think from now on if I am in an accident and its the other guys fault and he admits it, I am going to have him sign something saying that it was his fault right at the scene, this kind of stuff is nuts