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How do i prove who was at fault in accident?
1 month ago(Jan 12), I received a call from a police officer stating that a witness left a note on someones car, stating we bumped into their truck at a shopping mall and then left.
I told the policeman that my car did not hit any car in the parking lot. The policemen said the witness left no contact information on the note.
1 month later, I then received a letter from the truck owners insurance company claiming that my car bumped into his truck.
I told their insurance company that our car did not bump into another car in the parking lot, that there is absolutely NO damage to my car and that the truck owner might be filing a fraudulent claim.
I even mentioned to the insurance agent that there are video cameras in the parking lot(i called the shopping mall to verify video cameras) so that they can prove this and to also inspect his truck for any damages.
My dilemma is... since this supposed shopping mall accident, I had my car repaired and painted for damage caused later from someone who swiped the side of my car in front of my house and did not leave a note.
Now the truck owners insurance agent wants me to take my car into an auto repair for inspection to see if there was damaged created from the supposed shopping mall accident.
QUESTION: How do I prove that I did not cause the shopping mall accident, especially after I mention to the auto repair inspector that my car was repaired for damages that was NOT related to the shopping mall incident?
I don't want the truck owners insurance company 'assuming' I caused this shopping mall incident because of the repairs done on my car for damages that was created after the fact! I want to be honest to the insurance agent, but don't want to be liable for a shopping mall accident that I WAS NOT INVOLVED IN.
Who has to 'prove' that I was at-fault in the shopping mall accident? I can tell the truck owners insurance company to obtain a video of the supposed parking lot accident to prove accident and to also see if there was any damages done on the truck (check for black paint transfer to his car(my car is the color black), see if any damage on truck was related to the parking lot incident (is damage new or old?) etc.
Since the witness left no contact info, will it be my word against the truck owners word in terms of how the insurance company determines who is at fault?
I also want to make sure that the truck owner is not filing a fraudulent claim - they could have staged a fake accident with a fake witness note(since the note did not leave their contact info..). Thanks!
Well, as you can probably tell the fact that you had a subsequent accident, with damages to the same spot will raise some questions. Did you report the second accident?
Looking at the police report of the second accident can help you.
The bottom line is that you are innocent until proven guilty (or liable on this case). They most likely would have to show that you hit them.
You have two strong pieces of evidence, there is video and there is a police report where you denied you hit them. The video should show who hit the trunk and clear you up.
Also, if you can show that the other accident happened in another parking lot or that the other vehicle had other color paint, the insurance adjuster can call the place where you made the repairs at and confirm that there might have been some "red" paint and the truck is "yellow" for example.
You should probably file a claim with your own insurance company. They have a duty to defend you and find all the relevant information to sort this out.
They will probably get the video also, if there is any. They have to believe unless there is strong evidence against you.
As far as a frivolous lawsuit, you really have not much of an action. You can argue that they are harassing you, but with all facts, they can probably argue a "mistake" identity.
You are strongly encourage to talk to an attorney before making any decisions.
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