How to invalidate a misleading police accident report in small claims court?

Question

6-25 inNYC, a 93 year old woman drove into and totaled my parked car. I had just gotten into it. The door was not fully closed when she struck the edge of the nearly closed door, totalling my car.

I called ther NYC police. There were no witnesses to this accident on a residential street However, the 93 year old lied to the cops in private and told them I opened the door. I was in fact, closing the door to drive to a doctor's appointment some 40 minutes later. I am also a senior citizen.

The police report came out stating the " As car door open, driver ( The old lady) hit the parked car. Her insurance compnay refuses to pay a cent, So I am in small claims court in 2 weeks.

I wrote and filed a civilian accident report correcting the police report, but cops refuse to change anything,. The cop who wrote the report was in the police car the entire time. It was the other cops who interviewed me some 20 feet away.

How to deal with this all in court.

Answer 1

let your insurance handle it....unless you dont have any

Answer 2

I'm a bit confused- is the damage centered on the door? If so, how does this 'total' the car? Was the door torn off or something?

Do you have good scene photos? A set of photos and a diagram of the lot might show how open your door was, which might help your case. Statements in your favor from witnesses? Your day planner or a statement from the doctor about the appoint might help persuade a judge that you were getting into your car... maybe.

Otherwise, it is your word against hers. Certainly, the report might have been written in a more balanced way, but it is very common for he elderly to state things in terms that reduce the chances their insurance or license will be affected.

If you have nothing other than your word, then you may not have much of a court case.

Does your insurance cover you? If so, let them fight it out- they can do so easier than you can.

Answer 3

I think you have a real shot at winning this. I was involved in an accident a few years ago and it was ruled no fault. I felt like the other driver was at fault since he changed lanes into my car but they said I should take it up with my own insurance company.
I'm not sure what your plans are but I'll tell you what I did. This does not sound like a lot of damage and I'm also assuming no injures. I submitted a claim to the other driver's insurance company, they denied it. . Most people would tell the insurance company that they would be hearing from their lawyer but a lawyer wasn't going to be practical because by the time they got their cut there most likely wouldn't be enough to fix the car. So I told them they would be hearing from their insured because I was going to file a claim against him in small claims court for the damages. You've seen small claims court trial on tv. Limits vary from state to state but $5000 seems to be the cap in most places. The sheriff serves the defendant with papers giving them the details of the case and when to appear. When you have auto insurance you are buying legal protection from the insurance company. They are required by law to come to your defense should you be sued over a traffic accident . Needless to say having to fight even a small claims case is an expensive proposition for an insurance company no matter who is at fault or what the police report says, so they quickly decided to fix my car and provide me with a rental while mine was in the shop. The standard of proof is not as high as for criminal court. Make sure you have pictures of the damage, skidmarks etc. You can't take too many. Good luck with this and the more persistant you are the more likely this will get solved without going to court.
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Answer 4

A judge will look at everything including your addendum to the report. You will need to explain your side to the the judge that you were closing the door and not opening it as it was written in the report. Also let the judge know how the report was taken.

Of course, the old woman's car insurance company will not pay for it. Insurance companies never want to pay claims, so they find it easier to have their customers battle it out in court than write out a check.

I strongly suggest that you should see an attorney to just go over the facts with him/her.

Answer 5

Door Open - Door almost closed; immaterial. The door was not CLOSED. Your only hope is to pull a driver's abstract on the woman, from the DMV, and pray you can establish the fact that she has priors on her driving record.

BUT, your insurance company should be handling this. IF the officer wrote it up as your fault, I'm afraid you're not going to win, tho. As I said, your only hope is to convince someone the woman is not capable of driving anymore. And, at 93, it's a pretty safe bet she's not.

Answer 6

it really doesn't matter. opening the door or closing it, it is still the same distance out into the road. let your insurance company handle it and move on. and a quick side bar, why would the police necessary believe you over the other driver? maybe you lied? when I write a report with no witnesses, I say driver 1 said: blah blah blah, and driver 2 said: blah blah blah. unless I have physical evidence or a witness, I never put down what "happened" unless both parties agree to the same story.

Answer 7

Take pictures of the area all around where the accident happened. I went to court over a car accident and the pics made it an open and shut case. Take pics of everything and even make a diagram on posterboard or something. Too much evidence is better than not enough.

Answer 8

i'm slightly at a loss for words- is the wear and tear widespread on the door? if so, how does this 'finished' the automobile? became into the door torn off or some thing? Do you have good scene photographs? a series of photographs and a diagram of the lot could instruct how open your door became into, that could help your case. Statements on your desire from witnesses? Your day planner or a assertion from the everyday practitioner with regard to the rent could help convince a decide which you have been entering into your automobile... possibly. otherwise, it is your be conscious against hers. surely, the report could have been written in a greater balanced way, although that's fairly common for he elderly to state issues in words that cut back the possibilities their coverage or license would be affected. in case you have no longer have been given something different than your be conscious, then you extremely would possibly no longer have a lot of a courtroom case. Does your coverage disguise you? if so, enable them to combat it out- they are in a position to accomplish that greater convenient than you could.

Answer 9

HIRE AN ATTORNEY AND CROSS EXAMINE. YOU HAVE A RIGHT TO TRIAL OR TO PLEAD GUILTY. AS FOR A TRIAL COURT A JURY OF 6 IN A CIVIL LAWSUIT AND UPON CROSS EXAMINATION YOU CAN MAKE HER TELL THE TRUTH.

THE CATCH HERE IS ALTHOUGH YOU WERE GETTING INTO CAR YOU MUST BE AWARE OF THE TRAFFIC AROUND YOU. THEIR IS USUALLY ENOUGH ROOM TO OPEN A DOOR AND GET INTO A CAR SO?? IF YOU AS YOU SAY WERE IN THE CAR AND DOOR OPEN AND SHE SAW IT?
THIS IS WHAT THE COURT WILL HAVE TO DECIDE. COULD SHE HAVE AVOIDED THE ACCIDENT SINCE YOU WERE IN THE CAR NOT LEAVING IT. COULD SHE HAVE AVOIDED THE ACCIDENT--HOW IS HER SEEING--HER DRIVING RECORD AS OF LATELY?
DID THEY EVER GET YOUR SIDE OF THE DETAILS??