Expert: Richard Hixenbaugh - 9/2/2009

Question
My insurance company is trying to claim a 50/50 fault for an accident i was in where i got hit on the driver side. I was making a left turn and the driver behind me hit me in the driver side door. When the police officer wrote the accident he gave me a ticket for making an improper u-turn, which i was not doing. The insurance company is using the fact that the police offiver said that i was making an improper u-turn to find some fault with me even though he clearly states it was her fault and she was sited for the accident in the report. My insurance company is telling me that in order to not be at fault i have to call and get the officer to rewrite the report even if the ticket gets thrown out. What are my options as this wasnt my fault at all and how likely is it for an officer to rewrite his report and can the insurance do this even though he wrote it was her fault.

Answer
Hi Mattison,

It is unlikely the police officer will change the report. Even if he did, the other insurance company would claim that he only did it because you preasured him to do so.

Your claims adjuster should have taken a recorded statement from you and the other driver. The liability decision should be based only on that when the policy report is unclear as it is in this case.

Ultimately, the liability decision is up to the insurance companies. They often will allow you to be found to be some percentage at fault just so they can raise your rates.

I hope this helps
Richard Hixenbaugh