I was hit by a hit & run driver that caused me to weave all over.

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ramsey

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I was hit by a hit & run driver that caused me to weave all over.
A 2nd driver (Driver 3) hit me because of my weaving. He stated in the report that he did not know why I was weaving. He couldn't see anything.
The CHP determined there was not enough evidence to find any fault.
However, the officer left out the hit-n-run in the report. I'm sure that's because it was so cold and I was so shook-en up, I made no sense to the officer at the time.
1 month later the "Driver 3's" insurance called & warned me that I was being sued as the one at fault.
???

Please note that when the accident happened, my insurance expired literally three days before the accident. I am taking responsibility and paying for the ticket. I have insurance now. I wonder if they will advise me for something they did not cover me for at the time....

I went to the CHP to add the evidence that was left out. (Supplement/Narrative) It was accepted.
The insurance read it and noticed in it that I stated I had detailed pictures of the damage to my car.
"Driver 3"'s insurance is asking me to email those pictures to them.

Am I being scammed by "Driver 3"'s car insurance company?
Do I have to give the pictures to them?
Or do I have nothing to worry about and I should go ahead and confidently send these digital pictures to them? The pictures clearly show that I got a lot of damage all across the entire left side of my car.
 
You are in a mess for sure. Your insurance would have covered you in this mess.
They can sue you all they want but they can't get what you don't have. They can certainly make things difficult for you.
Either cooperate with the insurance company and settle on terms that you can agree with, or consult with a local attorney to determine how to proceed.
Until you are actually served documents to appear in court then you are not required to do anything at all. phone calls stating that they intend to sue you mean nothing.

If it were me I would speak with them politely but make no promises... essentially stalling. In the mean time get your finances in order to protect yourself. If they eventually serve you with papers to appear in court then seek legal counsel.

Without the other driver who caused you to swerve being known, and without independent witnesses that can attest to the other driver's actions, you are very much on the hook here.

If you are fortunate and stall long enough the insurance company might simply pay out to cover their insured and cut their losses with you... assuming you have no meaningful assets for them to pursue. They will do all they can to scare you and persuade you to settle out of court, but you will cost them a lot more money if you refuse and force the matter. Drag it out as long as you can.
 
This is the best and most sound advice I have received with in the span of only 12 hours!
Thank you mightymoose!
Naturally I have posted this same question in 7 other forums outside this one.
The answers were incredibly nasty.
(If you want to know, private message me and I will gladly share the link)
I will be sure to advise my friends to come by thelaw.com and join.
Stall eh? I'm a master of stalling. In fact mightymoose, you have not only encouraged and motivated me, you inspired me. I have a few calls to make. I will try to come back here and keep you posted.

If anyone else has other sound and balanced advise to give, please share.
If any of you have a good idea what else I have to expect, do share.
Thank you...
 
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