My wife was rear-ended, now woman that hit her claims my wife backed up into her

Hello,

My wife was rear-ended pretty badly by a woman, and now that woman is claiming that my wife backed up into her. My wife was stopped at a red light waiting to make a left hand turn. There were no witnesses, other than my mother-in-law who was in the car with my wife at the time of the accident. The woman said she was looking through her purse and wasn't paying attention and apologized at the scene of the accident, so my wife didn't think she would try to pull anything. A police office pulled over after the accident and filled out a courtesy sheet with the insurance and car information for both drivers, but no report was filed. I don't want to have to pay my deductible or have this as being her fault on her record.

Do I have any recourse?

We are in Texas.

Why was no report filed? I would ask the officer who filled out the sheet to MAKE a report. I think it is absolutely absurd for someone to assert that a car sitting at a red light BACKED INTO them. Have your mother-in-law make an official statement to the police that she was a witness. The insurance companies MUST have a police report. It is how they establish fault, and percentage of fault. I don't know how long it has been since the accident, but I would check into getting a report made immediately. Go in person ( your wife and mother-in-law) and speak with the officer who was on the scene. His forms ask him to answer the question "Who was at fault?" I really cannot imagine the other drivers insurance company actually trying to defend in court that your wife was BACKING UP at a red light, especially when, according to you, there were no other cars. Why back up? To turn RIGHT instead of left? If there were no other cars around ( and both sides apparently agree that there were not ) she would just have to TURN right from the left lane, NOT BACK UP. I cannot think of a single reason for her having to back up. The other side, making this ridiculous accusation would have to state, "She was backing up to <fill in the blank with a reason>." Clearly there IS no reason to back up, especially when there were no other cars around.
GET A REPORT FILED ASAP. If you cannot, I would retain a lawyer immediately, unless, of course, the cost of doing so is more than the repairs to the car and your subsequent increase in insurance rates. At the very least, get a free ( or low cost) consultation. Other than that, let the insurance companies argue their case. Hearing the other woman's attempt at convincing a judge your wife was backing up would be interesting, to say the least. Also, the amount of damage sustained to the car should easily prove who was at fault. Backing up at five mph would make a lot less damage than someone cruising along, digging through their purse.
Good luck.

For your reply. There was no report filed because there were no injuries... The sheet he filled out and gave us states that the police will not file a report unless there are injuries...

I will take your advice and contact the officer to see if he remembers the woman in question saying anything to admit guilt.

Thanks again.

Texas traffic laws require reports to be filed not only in the case of injury but in the case of $1000 or more in damages. It may be that the officer didn't view that much done to either vehicle. If you believe damages are that extensive, you can file a report yourself with your police department, however you only have 10 days to do so and comply with the law. (Personally, I'd be filing a report regardless of the amount of damages, so that an official record is available for possible future litigation.) You didn't mention how long ago this occurred, but if there's still time, you may want to do this as quickly as possible. Your witness can also provide supplemental information to this report .. check with your police department (and insurance company to see if they would also recommend that.) You may wish to check the following link:

http://tlo2.tlc.state.tx.us/statutes/tn.toc.htm (Scroll down to Chapter 550 regarding "Accidents and Accident Reports" for your state's mandatory requirements.) Regardless, every state has a traffic code that specifically addresses "following distance." (Also available through the same link posted above, under Chapter 545 Operation and Movement of Vehicles.)

"An operater shall, if following another vehicle, maintain an assured clear distance between the two vehicles so that, considering the speed of the vehicles, traffic, and the conditions of the highway, the operator can safely stop without colliding with the preceding vehicle or veering into another vehicle, object or person on or near the highway."

Even if you decide not to file a claim on your insurance, you need to report the accident to your insurance company immediately (if you haven't done so already.) It's important they're informed in advance, should the other driver's insurance company decide to sue. They'll inform you which documents they'll require (obviously that includes an official police report.) If it helps ease your mind any, you should know that this type of claim is made often .. that "they backed into me," however it's not likely the other driver's insurance company will even consider pursuing her claim. They'll probably simply pay out any damages without even advising the other driver (and end up increasing her rates as well.) The common practice among insurance companies is to automatically assume driver fault if you hit someone from behind and to pay any damages as quickly as possible, (that's where the "stopping distance" statute above comes into play) ...especially considering your wife has a witness and the other driver does not.

Good luck.

First of all, I would NOT "ask the police what they recommend". The police have no authority to give you legal or even procedural advice. In fact, if you are asking them their advice on ANYTHING that requires them to do more paperwork, you can bet they will, in all likelihood, tell you NOT to file one. I actually would not be surprised if they refused to take a report, even if it has been within ten days. Also, I don't know why you would ask the insurance company or police if they would recommend documenting witness statements. Your mother-in-law was IN the car, and was a victim of this accident, not merely a bystander who happened to witness the crash. Her statement should not be considered supplemental, but material. I would make sure that any statements made by your wife AND your mother-in-law be part of the main report filed.

Furthermore, I am not certain that the statute stipulating the distance between cars is remotely relevant to the question being asked. If the other woman was claiming that your wife stopped suddenly and she was unable to avoid a collision, then this statute might have some relevance. But, since the other driver is claiming that your wife was, in essence, "driving backward", the issue at hand has nothing whatsoever to do with how much space should be between cars, unless you are interested in a tutorial on Texas driving statutes. Given the facts as you have relayed them, the space between cars and the fact that all drivers have a responsibility to leave enough "response time" between vehicles is irrelevant, since she isn't stating she didn't have time to stop. She is stating your wife was "driving backward".

I would simply turn the matter over to the insurance company after getting a police report made, as I stated in my first posting. The fact that Texas law doesn't require one unless it is over a thousand dollars is irrelevant. The fact that it is always in your best interest to have a police report filed IS relevant.

I am glad no one was seriously hurt. You have a good, clear cut case, from what you have described. The insurance companies will handle it as routine, I suspect. I would, however, keep an eye on YOUR rates--make sure they do not go up.

Best wishes.

Thank you for all of your replies. This accident happened this last Sunday. I called both insurance companies as soon as I got home. We use USAA and the woman that hit my wife uses Progressive. A Progressive adjustor came out and took pictures and took a statement on Monday. She then called us the followoing day to inform us that they were not going to pay us, as the other woman is claiming that my wife backed up into her. When we found this out we immediately called back our insurance company and they started the process of getting this all worked out. USAA took a statement from my wife, and has been attempting to get a statement from the other woman, with no luck. I called USAA yesterday and gave the adjustor the name and badge number of the officer that filled out the car/insurance paper I mentioned in my first post. I haven't heard anything back... I think the woman may be doing this because she was driving a car that did not belong to her, and doesn't want to admit to the owner that she was responsible, but that's my own opinion. She was very apologetic at the scene of the accident. Just to clarify, my wife and mother-in-law were coming to pick me up and were very close, so I was able to walk over to where they were...

You have a reputable insurance company and I'm relieved to see you've taken an active role in this dispute, rather than assuming "it'll be taken care of." You may want to request any future contact by the other driver's insurance company be directed straight to USAA so that again, they are aware of everything that is said or happens. FYI - that police report should also contain the information of who the other car is currently registered to (if you don't already have it) and you can pass that information on to USAA. Please write back and let us know how it works out.

Best of luck to you.

As the poster said in BOTH of his postings "A police office pulled over after the accident and filled out a courtesy sheet with the insurance and car information for both drivers". Obviously, the police know how to fill out the form and the insurance company HAS the information of the driver and owner of the car--I am sure Progressive identified themselves when they made contact. The poster doesn't need to waste his time and effort "making sure the insurance information was put on the form". When a police officer came to the scene of the accident, what would he put on the form BESIDES that information? If the police had noted it incorrectly, how would Progressive know to contact the poster in the first place? Also, it is customary for initial contact to be between insurance company and claimant, and all future contact to be strictly between the insurance companies--not the claimant.

What is being described happens every day. Each "side" in an accident claims no fault, and the insurance companies argue their cases in court. But, before that time, most of what transpires is "behind the scenes".

Your insurance agent is the best place to go for information. He or she will keep you apprised of what is happening as it happens. When I was hit a year ago in my convertible I hadn't made the first payment on, the police report assigned the other driver (who was driving someone else's car)100% fault since he ran through and intersection, and blathered the whole time the jaws of life extricated me from the wreckage that it was "all my (his) fault. I didn't see her. Oh god, I'm so sorry. Its ALL my fault". I contacted my insurance company immediately upon my release from the hospital, but their response was negligible, since the other driver was at fault. They weren't interested in any of the proceedings unless, as in your situation, the other side was claiming I was at fault ( which they did not ). Now that it has been a year and my medical bills are close to meeting the owner of the car's policy limits, I may have to claim under my insurance for underinsured coverage. But, so far, my insurance company has stayed out of the proceedings. Your situation is different from mine since your insurance company is litigating with Progressive. However, your case is in the hands of your insurance company now. They will communicate with Progressive on your behalf. I doubt you have to tell Progressive to talk to your insurance carrier. They already are and will continue to do so, after the initial contact with you, which you stated already took place. You pay good money for your insurance--let your carrier do what it does best. And rest assured that while this is certainly traumatic for you and your family, this is something that happens every day.

Be well.

A footnote:
I review insurance policies from this very company on a daily basis in the course of an average workday and as such, am quite familiar with their typical procedure. Coincedentally enough, I also have the same insurance company (they are prevalent in this part of the country..a neighboring state to Texas), and on the same day as the question was asked, met with my own insurance adjustor from the same company for conference on a fairly sizeable personal property damage claim. The on-site adjustor does not make any final determination .. they simply assess damages, gather information, recommend a solution/settlement and forward all information to corporate headquarters, where all information is processed and a final determination is made. With the amount of claims they're currently investigating (especially here), it is very possible that some pertinent information can be misplaced. This particular company does provide both a fax number and a claims number for their corporate office (a claims telephone number is provided on every update to the policy) and they do welcome additional documentation from the policy holder, in addition to what the adjustor and/or insurance agent provides.

This part of the country, unfortunately, also has the highest numbers of uninsured motorists, horrific, and often fatal accidents caused by drunk driving (entire families are being killed) and an ever increasing number of insurance fraud cases which are resulting in some of the highest insurance rates in the country. Unfortunately as well, there's been a drastic increase in personal property claims in the past 30 days due to extremely unusual heavy winter storms and as such, the entire insurance system in our area is a bit bogged down. I would again suggest that anyone with a claim in this particular situation follow-up on a regular basis and if they receive additional information pertinent to their claim, forward it not only to the adjustor and/or insurance agent, but to the corporate office as well. The adjustor has already moved on to the next claim in line and while you can also try to verify with your insurance agent, status on the claim can also be checked directly at the corporate office as that is where the most accurate and recent information is readily available.

Again..this is only a suggestion. Now, please kindly remove the reference to me from the above post. Once again, I am credited with something I clearly did not say. Thank you.

Ummmm, M 'kay. * head tilt*

I have no idea what all of this has to do with anything I said, or how anything I said remotely referred to you. I advised the poster to feel comfortable with his insurance agent and maintain a watchful (not annoying) presence as his claim progresses through the labyrinth of the insurance maze. I also related my personal experience after my accident. So, I have no idea what prompted the tutorial on adjustors, their fax numbers, and statistics on winter storms.

I am sure you are correct, though, and I defer to your clearly superior knowledge of said topic. An insurance company, overburdened from harsh winter weather and drunk drivers, swamped with claims, that has a working protocol in place for handling claims would LOVE miscellaneous forms containing tidbits of information trickling through their fax machines at their corporate headquarters! Positively smashing idea---I agree. Silly idea, having adjustors, agents, and a protocol in place to handle claims....Everyone copy your forms in triplicate, and send them not only to the adjustor and agent, but swamp corporate headquarters with single sheets of paper containing bits and pieces of information. I am certain this will help expedite your claim! Capital idea!! I could not come up with better advice if I tried.

But, I do have a picture of a bunny with a pancake on his head.