Auto Insurance Claims: POLICE REPORT, police report liability dispute


Question
MY SON WAS IN A ACCIDENT{HE  ISSIXTEEN}THE POLICE REPORT SAID HER ONLY HAD LIMITED VISION. HERS SAID EXCESSIVE SPEED NOT PAYING ATTENTION AND LIMITED VISION.SHE AND A PASSENGER IN HER CAR ARE NOW TAKING US TO COURT FOR 25000.00 EACH FOR DAMAGES. BOTH INSURANCES DENIED IT .NO REASON FROM HER INSURACE CO.OURS SAID FROM POLICE REPORT SAID IT WAS HER FAULT. THEY ARE IN LITAGATION.DOES SHE HAVE A CHANCE TO WIN?

Answer
That is a loaded question!  I cannot predict what a jury will decide or how well each party presents the case that the other was negligent.  The police (unless they witnessed the accident) cannot testify as to how an accident occurred.  It is a common misconception that what is written on a police report is how an accident occurred.  The narrative from an officer is almost always hear-say and inadmissible as evidence.  Likewise, the insurance company doesn't decide who is at fault.  Only a jury can tell you who is at fault, and only after the facts are presented in a formal fashion for all to evaluate.  

Somebody or multiple people caused the accident, and if they were negligent, they should have to pay for the damages (or their insurance should cover it for them).  I hope this helps, it is about as good as I can get with the limited information.  If you need further assistance, remember information is always free at Petty Details, LLC.