Expert: Anne - 1/9/2009

Question
QUESTION: My mother was in a car accident driving on a main route. A truck came out of a side street from a stop sign and clipped her with his right rear panel. The officer on the scene listed his driver contribution as a 4 which is "failure to yield right of way" and listed my mother as a 1 which is "no improper driving" and the insurance company is refusing to pay. Will the police accident report hold up in small claims court or can the insurance company still refuse to pay?

ANSWER: Hello Dani,

Police reports are strong evidence but If there is evidence to disprove the report, it can be brought up here, which might defeat the report. Also, many adjusters and claimants could claim that the police officer did not see the actual collision to make that type of conclusion.

In any event, the police report is on your side, which is very strong.

I take it that 1. you did not have (or your mom) collision coverage and 2. the other insurance company is not paying because they do not believe they are at fault. If this is the case, then the insurance company would be required to pay if you prevail in small claims court.

However, if they are not paying because of some other reason not related to liability or fault (no coverage, non payment of premium, etc). They might not cover the loss.

Before you do anything talk to an attorney and visit this page for key info on what to do in small claims court.

http://www.auto-insurance-claim-advice.com/small-claims-court.html

Good Luck
Anne
http://www.auto-insurance-claim-advice.com/

---------- FOLLOW-UP ----------

QUESTION: My mother did not have collision however her insurance company has at least tried to reason with the other company. There is no evidence to disprove the police report. All there are is the reports from my Mother, the other person and the police officer. Do you think that makes the police report stronger in this case and also when I file the claim am I filing against the other driver or against the insurance company refusing to pay?
Thanks again,
Dani

Answer
Hello Dani,

The police report will make her case stronger. This report will probably make her case. The other insurance company should cave, but if the refuse to pay, the only option for her is small claims court (since she does not have collision).

The other party insurance company must believe their client and this creates problems for you. I am sorry to not have better news, but in your case, having a police report on your side will help a lot.

Good Luck
Anne
http://www.auto-insurance-claim-advice.com/