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Auto Insurance Claims/Faulty evasive action


I had a distracted  police officer do a U-turn directly in front if me on a busy 2 lane highway.
I was eastbound, ahead I saw a police car, without emergency lights or brake lights on ahead on the shoulder ( I found a witness that backs up no e-lights were on)(eastbound also).I slowed and as soon as I was about to pass, he did an aggressive U-turn directly in front of me.
I braked, turned left to avoid him (ended up facing west with my RR quarter panel striking his drivers door stopping in the dead center of the road
   The police report stated his emergency lights were on.
That's when I turned it over to a Lawyer.
They have refused to pay my property damages citing I made a faulty evasive action.
A suit is being filed.
What's your take?
Thank you in advance....

Hi Edward,

I'm not sure what information you are looking for but I will try to provide some information. Keep in mind that I am not an attorney and your attorney would be the best source of information regarding your case.

It seems to me that this may be a difficult case because you are dealing with a police officer. You may want to ask your attorney to try to subpoena the police officers employment records. This may be helpful if he has a history of reprimands for misconduct or the like. This could be helpful in refuting the truthfulness of the officers testimony. Then you will need to have your witness in court to testify as to what they saw. Your attorney will want to interview this person to be sure their testimony will be helpful. Then, based on the power of your testimony coupled with the corroboration by your witness as well as anything else that helps you refute the officers testimony, it sounds like you may have a good shot at winning your case.

I hope this helps
Richard Hixenbaugh  

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Richard Hixenbaugh


Auto insurance claims procedure, auto coverage, liability issues, auto damage questions, how to deal with the insurance company, loss of use and diminished value.


I have been involved in the insurance industry for over 25 years. I have experience in underwriting, sales, claims adjusting, auto damage estimating, auto value appraising and diminished value appraising. I have testified as an expert witness over 35 times.

Society of Certified Auto Appraisers

Completed all required courses for the Florida Property-Casualty agents license and the Florida claims adjusters license. I have attended various courses on auto damage estmating, vehicle appraising and am ASE certified in collision damage analysis.

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