Police report ????????????????/

Posted: Sat Apr 04, 2009 04:19 pm Post Subject:

My question on what she said... how does she know what you did the split second after she hit you? There is obviously no way she knows if you pressed the accelerator after she rear ended your vehicle. Also, it makes little sense. Why would someone who was rear ended "panic" and move their foot from the brake over to the accelerator. Makes no sense.

I think any adjuster would see right through her statement and give it no weight.

Posted: Sun Apr 05, 2009 05:29 am Post Subject:

First, I understand that no one likes a police report to state something that is not true. You can always go down and give another statement to the police so they can supplement their report. Does it really matter in regards to your claim, it doesn’t seem like it since they have already told you that they are going to total your car. It might make you feel better…? Her statement to the police that you accelerated directly after her impact is strange, especially since you have a manual transmission. I could see someone’s foot in an automatic slipping off the break and hitting the gas, but in a manual I would think both feet would slip and you would jerk forward and stall. The one thing that her statement does, is it takes away the impact investigation for the lead car (wonder who gave her this idea?), since she is already stating that he should have only felt one impact.

What really matters is that the lady admitted that she struck you both in the police report and apparently to her insurance company (I assume they accepted liability if they are going to total your car). It really doesn’t matter that she stated that she “tapped” you, as the damage is what it is and is what the claim will be based on. The only problem that I see (Lori/Tcope) is if they attempt to deduct the front end damage as not their insured’s fault.

If they try and give you the run around, file your vehicle damage with your insurance company and pursue the injury claim through your attorney with them, as they can’t dispute that their driver struck you. They may try to say part of your injuries are from hitting the guy in front of you, but they are fighting a losing battle.

Posted: Sun Apr 05, 2009 01:33 pm Post Subject:

The way I am thinking is even if what she said was true (even though it is not) it was her actions that caused your reaction. Even iof you would have accelerated it would have been from the direct result of her hitting you to begin with. Would this make a difference if it did happen that way. I would think it should but I am not an adjuster. In anycase I believe you will be fine and there will not be so much merit layed on the police report. Everyone has a valid idea when saying the move would make no sense. Come back and let us know how it worked out for you. Good Luk, even though I don't think you will need it.

Posted: Mon Apr 20, 2009 10:34 am Post Subject: insurance

I was in an accident, about 10 years ago. A woman was coming out of a bank parking lot...coming out the wrong way!! She came out into the main road and hit my passenger door. My son was sitting in the passenger seat.Yep..scared him to death!! She told the police she exited the parking lot where she SHOULD of.....of course she was lying about this. If she DID exit where she SAID she did, she would have been on the passenger side of my car, etc. The 'moral' of the story ( I guess you can say) is if the driver of the other car is lying, it WILL come back to 'haunt' her. As the the case is being 'handled', I'm sure the investigators will figure this out. Just hang in there.

Posted: Mon Apr 20, 2009 12:39 pm Post Subject:

The truth of the matter is when an adjuster is determining fault, we don't put near the weight on a police report as the people involved do...maybe it's because we see them daily and the mistakes in them...the cops are busy just like everyone else...they make mistakes, people lie to the cops as much as they lie to us...physical damage typcially tells the story much better than the police report...i've settled many a claim in direct opposition of the police report...so don't get yourself too worked up about it....re: hitting the gas rather than the brake, i've unfortunately had a few of these claims as well and every single one, except one was a poor elderly person that frankly should'nt have been driving and caused the entire wreck by doing this....unless she had a camera mounted to view your feet there is no way for this hold any water at all...so don't sweat it...and it appears they have already accepted liabilty if they have entered into negotiation to settle your total...have they put you in a rental car?

Posted: Wed Apr 22, 2009 11:16 am Post Subject:

If I remember clearly in another discussion I've read that the insurer too would back the version of their client when it comes to avoid liability.

People with the intention to profit at other's cost would continue lying. And these often make the job of an adjuster even more challenging.

I understand that police report wouldn't determine the fault but it undoubtedly an important record. Is it always possible to identify the flaws in police report? Doesn't mistakes in the police report make it difficult for the adjuster to determine the fault?

Posted: Wed Apr 22, 2009 11:53 am Post Subject:

I've read that the insurer too would back the version of their client when it comes to avoid liability.

I understand that police report wouldn't determine the fault but it undoubtedly an important record

Is it always possible to identify the flaws in police report?

Doesn't mistakes in the police report make it difficult for the adjuster to determine the fault?

Posted: Wed Apr 22, 2009 02:05 pm Post Subject: Still dealing with case ?

Thanks for everyones help. Im sorry I have been so busy with work and in general everything else. Settled with $900 4 total loss of car. I am still working on the injury case with Lawyer. Thank you again I will keep update with all else. :wink:

Posted: Thu Apr 23, 2009 11:25 am Post Subject:

Thanks Smiley for coming back and letting us know the outcome...I assume you retained your vehicle is that correct?

Let us know if we can be of any further assistance... and thanks again

Posted: Thu Apr 23, 2009 11:50 am Post Subject: Car is gone!

Hi Lori,
I let them take the car because of the fact it would have been more of a hassle to fix it and then hope State Police would pass it ? It was a '94 toyota unfortunatly I am witout a car now $ 900.00 doesn't get you much and with paying a Mortgage, condo fee, school loan and your every month necessities to live not much left to save for a car.Again Thank You All and will be probably needing Advice in the future and definetly recommend your site to anyone who needs it! :wink: