Legal Question in Personal Injury in Virginia

I was rear-ended last month at a red light waiting to make a right turn in Reston, VA. Both the other driver and myself pulled over, and the police were called. The other driver told the police that he never made contact with my vehicle, though there was an indentation in the rear bumper. The police also examined his vehicle and found a corresponding scrape mark on his front bumper.

The police said that an accident report would not be written, and that our insurance companies would have to battle it out. The officer did not write a citation for the other driver. After filing a claim with his insurance company, they denied it since the other driver now claims that I made a dangerous lane change in front of him which caused him to hit me. This is completely untrue and not consistent with what he told the police.

Do I have any options at this point? The police officer has not responded to any of our calls (mine and the insurance companies). I had my car repaired under my insurance with the hope that my deductible would be reimbursed when the other driver was found at fault. I also thought it would be a clear-cut case as he rear-ended me while I was waiting at an intersection. Now my insurance is saying that they cannot contest his insurance's decision. I feel like the person is getting away with simply lying, and I have no idea what options I have at this point.


Asked on 12/01/10, 9:06 am

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Get an attorney.

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Answered on 12/06/10, 9:55 am
Michael Hendrickson Law Office Michael E. Hendrickson

Sue the SOB for all of your damages in your local small claims court. (If the

case is then removed to regular general district court by the at fault's insurer,

you will need to retain counsel.)

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Answered on 12/06/10, 10:07 am


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