I was involved in a car accident where the other driver was attempting to make a left turn and crashed into me while I was in the intersection going straight. I had the right of way since my light was green, so he had to yield to oncoming traffic. There were no witnesses, so the officer who responded made her decision based on what the other driver and I told her. She cited the other driver with reckless - therefore he was at fault. Well...now he's telling his insurance (Geico) something else - that he indeed had a green turn arrow (LIAR!). So now, the claims adjuster wants to know why the officer ruled in my favor inside of the other party. I thought the police report showing he was charged with reckless confirms he was at fault...why is the claims person going into this further thus prolonging my car getting fixed? The officer made her decision based on the facts she received. Case closed, right? Could I end being screwed in the end because the other guy is lying??
2007-01-09 06:13:17 · 10 answers · asked by Neosamurai 1 in Cars & Transportation ➔ Insurance & Registration
Ok, just got a call from the other party's claims adjuster. She said that the other party told her that he never talked to the officer at the scene and was given the ticket for no reason. Obviously this scum bag is lying, so she told me that she just needs to hear from the officer that she (the officer) infact received a statement from the other party. I saw the officer talk to the other party. He gave her a statement to base her decision on.
2007-01-09 10:09:38 · update #1
The insurance company is going to investigate the claim and should take statements from both sides. they dont always go completely by what the officer says, although it helps that he was cited. However, if you are dealing with that guy's insurance and they are giving you a run around, you should call your own insurance company and let them take care of your claim and they will go after the other guy. It is your insurance company's job to defend you and fight to get your deductible back if you have to pay one.
2007-01-09 07:20:01 · answer #1 · answered by lady_daizee 3 · 0⤊ 0⤋
If you had a green light and that was documented you might want to contact the city and find out what configuration the lights function in. Most places that I know of turn the oncoming light red when the green arrow lights up for people turning. Also even though the officers report was filled the insurance company is a business and will always look for a way out so they can save money. You could try talking straight to the other persons insurance company and get them a copy of the police report if you need to. Also statements from any witnesses would help to.
2007-01-09 06:24:31 · answer #2 · answered by tigger_32_kitty_27 2 · 0⤊ 0⤋
Well your second portion pretty much answered it. Police often (maybe not in this case) write reports and issue tickets without having all the facts. And as I've said here a thousand times police do not make liability decisions and tickets are not what determines who is liable.
It's really common for people to grasp at straws these days to not be at fault and they'll do anything. That's why the evidence must be gathered and weighed on the scale basically. An insurance company's duty to defend its insured is greater than its duty to pay on the insured's behalf, so the insurance company has to be really sure that their insured is at fault. Obviously, if you believe that guy, that means you had a red light. If that's the case you would not get paid by GEICO, right? So they have to look into it. Chances are you will be ok. Good luck.
If it turns out unfavorable to you and you have collision coverage with your insurance just use them, they will handle it from there.
2007-01-09 10:22:10 · answer #3 · answered by Chris 5 · 1⤊ 0⤋
If your car is driveable, I would hold out a few more days and wait to see what the other company is going to do. They are investigating the accident and getting all the facts. Even though you know who is at fault the adjuster does not know and needs to do an investigation. I think that after the adjuster sees where the damage is at on both vehicles, the police report and also your statements they will rule in your favor.
If you car is not driveable, call your insurance company immediately and turn in a claim. When you have two sides giving different stories it takes the adjusters a while to sift thru everything.
2007-01-09 07:31:57 · answer #4 · answered by blb 5 · 0⤊ 0⤋
The last answer is absolutely false. One of claims adjusters biggest jobs is too determine liability. We use recorded statements, scene investigations, witnesses, and police reports to do so. It's such a myth that liability is based on police reports alone.
To make a long story short- liability is NOT based on citations as people believe. Although im 100% sure the other driver is lying- what proof did the police officer have that the other driver didn't have a green arrow? NONE- so it seems her/his ticket was based on laziness/no through investigation.
This will end up being word vs word and the other drivers insurance will side with them andput you at fault (as your insurance will do for you.) Your not going to be getting your repairs though their insurance- file through your own collision
2007-01-09 06:23:04 · answer #5 · answered by Anonymous · 1⤊ 0⤋
A police report is just that -- a report. It is a very good tool used by claims adjusters but unless the officer witnessed the accident it doesn't mean a thing. Give your adjuster a chance to investigate this first -- it could still go your way. People lie all the time about accidents and yes, sometimes you get screwed in the process.
2007-01-09 09:40:07 · answer #6 · answered by Anonymous · 1⤊ 0⤋
I have to agree with la428282 on this. I was in an accident almost a year ago and the guy took off. I gave chase and found him trying to hide his vehicle behind the garage in his yard. Anyway, he admitted that the accident was his fault and he was sorry for taking off. I called the police and filed a report. The guy then lied about the accident and changed his story a bunch of times. Anyway, to make a long story short, the guy is saying it was my fault and I'm saying it was his fault (which it was). Since his insurance is siding with him (and mine with me), I had to file a claim with my insurance to get my car fixed. They are now after him and his insurance to get the money. It's been a year and it's still not straightened out. I would suggest that you file a claim with your insurance to get your car fixed and let them handle the rest.
2007-01-09 06:48:00 · answer #7 · answered by Jenna G 2 · 0⤊ 0⤋
Take your car to get fixed, give them the claim adjusters name and phone number. Call the claim adjuster, tell her that she will need to request a copy of the police report if in fact the ticket to her insured is not proof enough, but in the mean time, did her insured have rental car insurance because your car is in the shop being fixed right now, and if she wants to play, tell her next time she can talk to your attorney! Don't take any guff from his insurance company-he hit you, case closed!
2007-01-09 19:23:28 · answer #8 · answered by katralee 2 · 0⤊ 1⤋
properly, of course, its a terrible concern for each individual in contact.. yet once you have been at fault for the coincidence... your coverage pays out for the deceased drivers vehicle upkeep.. and likewise probable pay the deceased drivers kinfolk under your actual injury factor of coverage. previous that- you're able to be able to stand costs in the time of the police alongside with manslaughter. regrettably- issues like this ensue yet once you're taking suitable precautions with tips from getting coverage.. you additionally could make an unlucky adventure like this be relatively much less painful
2016-10-06 21:47:53 · answer #9 · answered by spies 4 · 0⤊ 0⤋
The police report is the deciding factor. Call your own insurance company and they will help you.
The claims adjuster is just a damage appraiser. They have no concern of whose fault the accident was.
2007-01-09 06:21:56 · answer #10 · answered by R1volta 6 · 1⤊ 3⤋