Admitting may means the person is really recognizing his/her fault but it must not be the basis of how the legal actions should rely.
Even when admission it present, the investigation will still continue to ensure the credibility of the people involve and to know what exactly happened in the accident.
His insurance, State Farm, tells me that he doesn't know who was at fault, basically denying it now. Because I have no independent witnesses (my girlfriend was with me but that doesn't count), I will most likely not get the claim. Apparently because he is a State Farm customer, they are obligated to defend him regardless of what I said actually happened.
That's exactly what Infinity told me even though the guy that hit me was not cooperating at the begging and had conflicting stories with the police. Get an estimate, file small claims. You have good evidence.
I had to take mine to small claims and won, took almost a year.
Insurance companies have a duty to their insured to defend them. I'm sure you'd want your insurance to take your side in a word v word dispute. Witnesses and police reports are good to have because it increases the probability of the correct outcome.
Unfortunately there are a lot of dishonest people. Some aren't dishonest, they just don't want to admit fault. They want the insurance company to figure it out.
The only clear accidents are rear end accidents because the vehicles pretty much tell the story. Nowadays with technology, you may be able to audio or video record events after an accident which could shed light on the witness credibility of the other party.
Make sure state farm has photos of your vehicle and your statement. Your statement must be clear and credible.
If they deny your claim. You can either go through your own carrier in which case they will file arbitration. This means a 3rd party arbitrator will decide negligence and your deductible will be reimbursed if its favorable to you. You can also file small claims. A judge will hear you and the other party. Many courts offer online filing. If you win, a judgment will be rendered in your favor and state farm will have to pay you. The judgment will affect the other persons credit so they may want to come clean to their insurance company before the court date.
Fault in traffic situations is usually determined by who had the right of way, not who said they were sorry. The right of way is usually set forth in statutes. If there's a real issue, you could consult a local attorney.
