A legal question

File a claim with your insurance company. You have your story, he has his. It's up to your insurance company to work it out. LIke you said, how would you have got his insurance information if nothing happened? I'd call your insurance rep and talk it over with them, but I think it'll be fine.

Any damage/marks on his car? They inspect the cars in such a situation. More often than not, there will be some congruent marks that at least prove a collision of some sort happened.

When I worked as an insurance adjuster, each claimant got their own adjuster in a cross-insured case. The adjusters would just talk it over with eachother and make a judgment call. Occasionally, we would decide in favor of both customers (though I worked for a really good company).

Hope you took pictures

Did you file a police report? Always file a police report when there's an accident. Try to file one now, if possible.

Submit the police report to your insurance carrier and begin negotiating.

In the future, always call the police when you have a fender bender. They will usually send someone out to make a report. This is some of the bes protection you can have.

My first thought as well. It really helps with insurance companies.

Some goofball in Florence Italy on a scooter tried to overtake my rental car in the left-hand shoulder (never to be legally used as a "driving" lane) just as I pulled into a left-hand parking space. He took out the mirror on the driver's side of the car and cut himself up pretty badly in the process.

About 5 different Italians in the surrounding area who observed the incident immediately started to take his side (apparently because I didn't use my turn signal to turn into a parking space). It was a one way street with two driving lanes. I was in the left-hand lane pulling into a diagonal parking space on the left-hand side of the road. The only proper way to pass me would be to go into the right-hand lane.

But I didn't speak Italian and he was quickly gathering phone numbers from the witnesses. I pulled out my camera and started firing away. Pics of the car, the scooter (where it was still laying), pics of him including a close up pic of his driver's license as well as his bloody knee and hand, and most importantly, pics of the entire accident scene including the one-way-street sign and a long view from 50 yards back that showed the still moving traffic (to simulate what he would have seen from behind me).

I emailed about 20 such pics to Avis along with a written description of what had happened. They eventually collected from his insurance company and refunded the $700+ that they had initially charged to my credit card for the repairs. Without the pics I would have been SOL.

His insurance company apparently had statements on file from him and several witnesses that I didn't use a turn signal, but it didn't matter because by law 1) you don't need to use a turn signal in that situation, and 2) he had no right to be passing me on the left because there was no lane there.

The pics really do tell the story.

Not for me, I was in a small fender bender once and the operator just said if the cars are safe to drive let your insurance deal with it, nothing happened though because both of us had **** cars and i doubt that he wanted to pay the deductible, i didn't want to either. i was changing lanes and he decided to speed onto the road from the parking lot, just because it's six oclock in the morning doesn't mean you can be stupid

When you both have the same insurance company bad things can happen to good people. The insurance company has an incentive to do the wrong thing. The name for this is "moral hazard". Cell phone pictures and calling the cops no matter what is always the best course of action, as others have said.

I'm told California State insurance regulators are very tough on the insurance companies and on your side, so complain to them right away, immediately, if you sniff Allstate refusing to pay.

I'm glad it is working out for you kbi. I find it very stressful when things like this happen, so I can relate.

Cheers,
Brad

Ugh, your premium is going to take a hit.

Except for your 2 accidents within the last month. The insurance co could determine that you are a higher risk factor and adjust accordingly. Or they may not. But it's something to watch out for.

I know it is hindsight but at least you and others will have the information for any future events. Take pictures (thankfully we have them in cellphones) of both vehicles and the general area (several angles) and call the police to get a police report. Good luck.