Auto Injury Accident need help PLEASE

by Laura

My car was in a accident by another driver with a motorcycle that hit him on the left rear side. The person in the motorcycle already got a attorney.

Now the police officer did not take everyone statement at the scene he only took the witness who was traveling on another motorcycle with the person who hit my car. The officer did not arrive to 10 minutes after and based on there story he cited the driver of my vehicle for failure to yield. My insurance wants to automatically pay 100%.

In reading the police report there are many areas such as speed limit posted, location of the intersection and also the statement to the witness. He states he was traveling already in the lane but then says they were coming out of a shopping and also the address given is located on the south side not the north side where it occurred. The diagram was drawn based on the witness statement.

The driver of my car was never given the chance to speak. I wrote a letter to my insurance carrier about this. Should they review and make sure who is at fault? What if they don't review the findings I saw?

I am not sure how to handle this and make sure that the person on the motorcycle is telling the truth. I also think that he will be suing. Please help


Answer:

Hi Laura,

You are in a hard position. The person that can really dispute this is the driver of your car, not you (the insured driver is the one that will get suit).

In police investigations, the officer will take statements to his/her discretion, and usually if there is a witness to the accident, the witness statement will stand over anyone. It is possible that you have an independent witness (they are friends), but even if that is the case, a witness can tip the balance of fault in a court of law.

The diagram can be drawn in objective findings (i.e. the position of the vehicles, and witness statements). Officers do not have to ask every one's statement (unfortunately).

There is a difference however between what the officer writes and what the insurance company decides. The insurance company will take other things into account, see more about claim investigation here: http://www.auto-insurance-claim-advice.com/Claim-Investigation.html

They will look at the "mistakes" of the police report, look at the point of impact in the vehicle and the bike, and other things (as outlined in that link).

However, the insurance company has a clause in the auto policy that basically gives them clear power to decide fault as they feel like it. The clause is called right of settlement. Read more about it here. http://www.auto-insurance-claim-advice.com/Right-of-Settlement.html

The insurance company reserves the right to settle a claim even if you disagree with them. It is really a business decision, it is cheaper for them to settle than to pay an attorney to defend you in case of a lawsuit.

In a motorcycle v. auto accident, insurance companies fear that a jury would be more kind to the injured party in the bike and sometimes can be harsh on the auto driver. That is only an assessment, but insurance companies usually evaluate the risk of losing v. the probability of winning and try to come ahead by settling before a lawsuit.

You can only request the insurance company to help get recorded statements and verify the facts and look at the point of impact. They have a duty to do what is best for you, which sometimes is to settle a claim before your personal assets are at jeopardy in a legal battle.

Good Luck