Can insurance deny liability even though police report was clear the other driver was at fault?

(Washington State)

I was driving down a four lane road when a car pulled directly in front of me from a driveway (she was trying to make a left hand turn going the opposite direction). I did my best to avoid the accident by braking and swerving to the left, but was unable to completely avoid hitting her car. I think she was probably still moving at the time as well.

A policeman came to the scene and made an accident report. She was ticketed and deemed at fault. The point of impact was rather clear as my skid marks were on the road. The next week her insurance company deemed she was not liable for the accident, because since the accident (and police report with her statement) the other driver changed her story.

She now says she was not in the road, but the roads were wet and I slid into her. Her insurance company is not holding me liable for her damages but says she is not liable for mine. They said they have to "believe their client". Can someone just change their story after a police report and the insurance company can take their word for it?

Unfortunately I was driving my parent's truck from another state (borrowed to do some yard work at my house). They only have liability coverage on their truck. Do I have any recourse? Her car took out the axle on the truck, damaged the door and the emergency weekend towing and subsequent storage was quite costly.

Answer:


Hello,

Well, unfortunately adjusters must "believe" their client. However, if there is evidence (point of impact, statements, police report) that contradict what their client is saying, the could make a finding against their own client.

That is about what you are looking at. It makes no sense that they are not holding you responsible. Usually they can come after you and your insurance company will have to defend you (both insurance companies would have to go to arbitration to determine liability).

Since the other insurance company is not taken steps against you, you could bring a lawsuit and/or a small claims action. Please see: small claims.


Good Luck,
Auto Insurance Claim Advice