Q: Can I sue the other driver if her insurance company denied my claim? A woman stopped in the middle of the road, hit reverse, and backed into me, totaling my car. Her insurance company is denying my claim because she lied and said I hit her. Would I have any chance to sue or file charges for insurance fraud? The adjustor said the damage could've been caused either way and they would obviously want to deny the claim on their client. Although police did not file a report, I do have my 911 recording from the accident scene with me saying she hit me.
Damn right you can. Why was she stopping in the middle of the road? Are there any witnesses to support your version of the facts? Are there any soft spots in her testimony? It's what lawyers call a liar's contest! Did! Did not! Did to! Didn't! Prove it!