Insurance Co. wronged (f'd) me

[RCS_]

I have my brother on my Insurance policy as a fully covered driver. He is an adult. Last month, while at a local Honda dealership, his Accord was struck by a flatbed truck. As the truck exited the premises, it turned right. The left rear corner of the truck dug into the Accords left rear corner damaging the sheet metal/paint and breaking the tailight. The Accord was stationary. My bro was in the car. Both acknowleged what happened. The truck driver did not want my bro. to report the accident but they did exchange Insurance info. The truck driver wanted my bro. to get the car fixed at a shop the truck driver was "connected" with and he was going to pay for everything. My brother initially agreed but after telling me what happend, I told him to go through the proper chanels, our insurance. So he did. After many day's of investigation, phone call's and analysis, our brilliant insurance company determined my bro. was 100% at fault. Of course we were flabergasted at the decision. Unfortunately, there were no witnesses at the Honda dealership.

What we thought were totally convincing fact's that the truck driver was at fault were:
He initially gave my brother bogus insurance information. Our insurance company found him not to be connected with the company he said he was insured by.

The damage the the Accord was from front to back. The pictures show a long scrape before the tailight and the tailight cracked open and "peeled" out and backwards which is consistent with force being applied from front to back. Our ins. co. determined my bro. backed into the truck, in it's opinion. The photos show otherwise.
We have photos and my brother has voice messages saved from the other driver from when he was calling regarding the shop he wanted my brother to go to.

If this goes through, my brother will be out the $500 deductible, have a blotch on his record and OUR rates will go up (he's on my insurance policy). $500 dollars isn't an insurmountable amount, but I cannot be complacent with this unjust decision. Any help would be greatly apprceated. I did speak to an atorney over the phone today and he suggested faking an injury and suing the insurance company, imagine that. Of course, that is not an option.

 

[NYClex]

an attorney suggested this? Hm, and people wonder why lawyers have such a great reputation.

The problem is that the fact that the truck driver lied about his insurance has nothing to do with the question who was negligent and is liable. He might have thought that he was, but the facts might actually point into a different direction.

It might for example be that your brother was parking in way that he should have known that people would not be able to enter or leave the lot in a safe way.

It is difficult to decide who was at fault without seeing the exact sketches of the accident, the location of both vehicles, the roadway, the lot, including measurements etc. Pictures of the vehicles at the exact moment of the accident would be fine.

This kind of information is what the insurance and a lawyer needs to get an opinion of the case.

I think it is a little strange that the insurance co. thinks that it is 100% your brother's fault, but like I said, without knowledge of the details, it is impossible to say.

Also, make sure you are not in a "no fault" state.

 

[RCS_]

Thanks for the reply. There were many details I left out of my post in order to not make the post any longer. We're in So. Calif. I'm not sure if we're a no fault state. The accident occured in a narrow, vehicle pathway as exist at most car dealerships. My bro was traveling up the pathway when the flatbed came around the corner and entered the same pathway but traveling the in the opposite direction. Both vehicles could not travel through the pathway at the same time so my bro. stopped, backed the car and maneuverd further to the right as he backed up in order to give the flatbed space. The truck proceeded through and turned right to exit at the end of the pathway. The flatbed was so long and the pathway so narrow that the left rear corner of the flatbed made contact with the left rear corner of my brothers car. I'm a graphic desinger and made a detailed computer aided diagram of the accident displaying what I just described. My bro sent the diagram to our insurance co. I'm certain that the other driver did not have the resources or where-with all to do the same. I still feel the photo's are the biggest proof of how the accident happend. The tailight wraps from the back around the side of the corner of the car. The tailight was cracked open creatinng an opening about 5 inches wide by 5 inches high starting at the begining (front most) part of the tailight, through the side of the tailight and ending with pointy, jagged "fingers" which the points of the fingers are pointed somewhat outward and definitely forward. They are about one inch high and one is about three - four inches long. At the base of the "fingers" appear long (about three inches) cracks that travel to the end of the side of the tailight and continue for about another inch around the corner of the tailight. And as I stated in the previous post, a long (ten inch by one inch) gash was also made by the flatbed in front of the tailight. Anymore info would still be appreciated.