Auto Accident, HELP PLEASE!

[Dray1993]

I was in a small accident in October. I was driving on the main road following a mail truck going about 40 in a 45 when the other party pulled out of a neighborhood and hit me from behind. I honestly think she just wasn't paying attention. It was not a big deal, neither party injured, but when she hit me it pulled my bumper off and accused me of "speeding." The police were called and we filed a claim with Geico. The other party also has Geico. After about a month of bad communication with Geico, we were finally told they had filed a claim saying I was "Speeding and trying to get around her when she had already pulled out"... But she hit me from behind, so that doesn't make sense. We were then assigned to adjusters. We both have Geico. I feel like this should have been simple, but now the adjuster on her claim has said there isn't enough evidence (we sent pictures of the damage to my car) and she is filing "word for word." We would have to pay a $500 deductible and use our policy and our rate would go up. There was just a small dent on the other party's car but they are refusing to send in pictures. We do not want to go to small claims court. Our claims are supposed to go to an unbiased party now at a round table to make the final decision. We don't know what else to do. It seems really unfair that the other party could just refuse to send in evidence and get things their way. In regards to the police report, the adjuster said since the policeman was not on the scene when it happened, they can't take his word for it. Any help is appreciated. Or if we just have to accept that's it over please tell me that too. It's been 3 months and I still have no bumper. We never wanted all this, just dealing with dishonest people who have cause this to be a huge mess.

[AnchorDownDeepBreath]

Are you in the US? "Auto" and "Mail" tend to be American - I'm just checking as advice would be different there.

Usually, the person who drives into the back of someone else is found to liable - in most situations, they should have left enough of a gap to prevent a collision. Have they said why they are treating this differently?

[Dray1993]

Yes, this is American. Sorry I should have included that. The adjuster says that their is no "evidence" that she hit me from behind. So we sent in pictures, but apparently without pictures from her of her car they can't prove fault on either end. Since the girl claims I was speeding and she was already pulling out. It makes NO sense, but we can't figure out a way to change their minds.

[RJnomore1]

Surely the garage report on the repairs needing done to her car should detail where on the car the damage was!

[AnchorDownDeepBreath]

Ah, I have no idea about American precedents, I'm afraid. I hope someone can help!