Legal Question in Personal Injury in Pennsylvania
Traveling in traffic during rush hour, I was changing lanes, from the right lane to the left lane, upon waving in appreciation and almost completing the merge into the left lane, the driver behind me hit the driverside side panel intentionally, while I tried to pull away from his vehicle to stop my car, he drove away, and called 911; reporting I hit him and left the scene, which I called the police less than 1 min later reporting the same incident. Being that he fled the scene isn't that considered a "Hit n Run"? I'm a paralegal and the only regulations I can find are relating to 'giving information' (See 35 Pa.C.S. � 3744) If I hadn't called the police right after he did, This 'exchange of information' would never have occurred. His insurance refuses to pay for the $900 in damages due to his false statement.
2 Answers from Attorneys
It's very important that you talk to an attorney. You should be able to recover from his insurance company; If he is uninsured, your policy may provide recovery. Feel free to call our offices.
Push the hit and run with the police. If he hit you, the front of his vehicle will be damaged. Unless you made a sharp left turn into the front of his car, for you to hit him with the side of your vehicle, you'd have to be able to pick it up and swing it like a bat. Get pics of his vehicle and yours for court, ask the prosecutor if he checked the other guy's driver abstract (there is a good chance this ass has lots-o-tickets and/or other prior 'incidences' with his anger management).Where was he when he called into the police? You were behind him, and if there is any way to determine that (cell phone tower records), it should prove he was lying.
The insurance companies are whores, they will rely upon a lie very time if they can use it to say they don't know what happened, or that they have to believe their client. It is nothing personal, the Insurance Companies all want to screw everyone. Sue in small claims court for the $900, plus ask for punitive damages for bad faith by the insurance company. You won;t get it, but I'd ask for it anyway. Maybe some day, a good judge will do the right thing.
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