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Got Rear Ended. My Insurance Just Called And Said There's A Surprise Witness To Show That I Was At Fault

Hey all. As the title says, I got rear ended a few months ago, and it was clearly the other party's fault. The other party made a right onto the street where I was driving, did not look up, and rear ended me. He refused to provide his insurance and was very dodgy about his personal information (lied about his surname, and only visiting San Francisco (where we live). I did end up getting his phone number. He then tried to convince me to go out of insurance, but there was damage and I wanted to go through insurance.

Months later, I get a notice from my insurance that a surprise witness has submitted a narrative that I was "parking" and I backed up into him (which is not true). There was absolutely nobody else there when the accident happened, and now I'm kicking myself for not filing a police report. The other party also claimed that I refused to contact him post-accident, which is not true and I have text messages to show that we coordinated after the accident and I insisted on going through insurance.

This is the first time I've been in an accident and have dealt with a "subrogation" process. Can the other party straight up lie and say there was a witness there? Does the subrogation process take into account that the driver lied about his surname and only visiting in the city he lives in? Or does the suborgation folks only take into account that there is a new witness statement that goes against us? And what's to honestly stop us from submitting a claim back that we have a witness? Is there no penalty of perjury in such cases?

Thanks!

submitted by /u/Blackonblackskimask
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Got Rear Ended. My Insurance Just Called And Said There's A Surprise Witness To Show That I Was At Fault

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