Expert: Charlie Barone - 4/28/2009

Question
I was involved in accident cominig off the Triboro Bridge exit ramp.
I (V1) was in the right lane the V2 left lane -posted sign says left lane must go left -right lane has option to go right or make left onto second avenue. Both vehicles were stopped at red light-the end of the  right lane is about 10 feet ahead of the left lane.
Light changes I proceed left onto second avenue which is a one way with four lanes-- car on my right slams into my drivers side door at a 45 degree angle - 1500 dollar damage.  Then he leaves seen. Got license plate and sopke to his insurance and was shocked to find out the the P.O. coded the report with V=1 making an improper left turn and failing to yield. Obviously it's impossible to make an improper left based on the signage and failing to yield is wrong since he hit me when he really decided to go right in  a left turn only lane. The statement reads just like I state above but the codes don't refelct that.

The PO didn't get it. I went to the precinct and they say they can't change the report and that the insurance company should use my statement.   

What's my recourse? V2 was 100% at fault left the scene now I see that his insurance is going to try and make it partially my fault.

Thanks in Advance.
Pattie

Answer
Pattie,

I'm sorry for the misfortune of the accident, but your description of the events doesn't make sense to me. How can the car on your right side hit your driver's side (left side) door? The police report can be challenged in court if you were cited. Otherwise, this matter can be resolved in small claims court, which if you prevail, his insurance will be forced to pay 100% of the damage repair.