Auto Insurance Claims: Auto Insurance Delaying Claim, insurance carrier, medical bill

Question
My father-in-law was in an accident that was reported as the other party's fault. This other person ran a red light and hit him. She had given her info and statement to the police at the time of the accident. My father-in-law called her insurance after some time had passed and he hadn't heard anything from them. He was told by the agent that his insured said the police report was wrong and the accident wasn't her fault so they weren't going to pay for his injuries or his car. Is this legally possible? The police officer says he documented what she said accurately and that he is not amending the report. What is my father-in-law to do to get his medical bill and car taken care of?

Answer
Jennifer,

It's certainly legally possible to claim that a police report is inaccurate.  But it's pretty uncommon for the person who's listed as responsible on the police report to be found not liable.  So, when push comes to shove, the other party would very likely be found responsible.

Unfortunately for your father-in-law he will probably be forced to bring a lawsuit against the other party (and their insurance carrier) to enforce his rights.  This is another perfect example of the insurance industry's "deny, delay and defend" tactics.  I wish I had better news for you but good luck - you should succeed in the end if you choose to fight it out.

Best regards,

Ernest Ferraro