Auto Insurance Claims: Driver lied to their insurance company, Driver lied to their insurance company

Question
Hello,

I was in an accident on May 24th, 2009.  My brother was driving my car with me as a passenger, and we were struck by another vehicle (we will call them vehicle2).  The police report clearly states that vehicle2 was left of center and that my vehicle had no contributing factors.  So I filed a claim with vehicle2's insurance.  After more than 2 weeks waiting for a police report with diagram (which I had to personally fax) I found out vehicle2 lied to their insurance and claimed I crossed the line.  So we have my witness report, my brothers, and the police report all indicating that vehicle2 was at fault (trying to go around a roundabout from the right lane and crossing into my lane) but because of the "conflicting report" from vehicle2 they denied my claim.  Of course I did not accept this answer and they said they would try to contact the reporting officer personally to see why he indicated vehicle2 was at fault.  It has been nearly 2 weeks since the accident and I doubt that he remembers what took place.  

Can they truly deny a claim based on a single conflicting report, or are they just trying to weasel out of paying my claim?

Answer
Hello Brad,

I am sorry to hear about your situation. Can they really deny your claim on those basis alone? Most likely yes.
The issue here is that the other insurance company only has a duty to vehicle 2 (a fiduciary duty to defend as they are required by the insurance company). Your insurance company also has the duty to defend and believe you, even if the other side story does not match.

Most of the time, insurance companies will not go against a police report, however, if they can question how the police got to the conclusion that one vehicle was at fault and not the other (the police officer most likely did not see the accident occurred so her testimony might be that accurate).

You should involve your insurance company and have them defend you. They will have to believe your side and take the matter to arbitration if necessary. Please see:

http://www.auto-insurance-claim-advice.com/arbitration.html


I hope this helps,
Anne
http://www.quirogalawoffice.com/