Expert: Richard Hixenbaugh - 7/10/2009

Question
A man pulled out in front of me causing me to hit him. He got the ticket because he did not look before pulling out. The speed limit was 45, the police officer put on the police report that I was going 55. I got no ticket the officer stated that the only way she came up with that speed limit is by looking at the damage to my car and the guy I hit said that I was going 55 as well. My question is can a police report be changed? The mans insurance denied the claim stating that it was both our faults. I was not going 55 and there is no proof that I was going 55 my airbags didn't even come out. What can I do? This officer has messed everything up due to the fact that she went on hear say and guessing.

Answer
Hi Michele,

You can certainly ask the police officer to change the report, however, in most cases the insurance comapny will not change their mind.

You will have to file suit against the at-fault driver. You would subpoena the police officer to come to court and you would question the police officer to show that he only made up the speed but did not actually know for sure. Then you explain what happened to the judge and he/she will decide who was at fault.

If you have collision insurance, you can also let your insurance company pay for your repairs and then fight it out with the other company to get reimbursed.

I hope this helps
Richard Hixenbaugh