Auto Insurance Claims: Insurance company not wanting to accept police report where i am at 0% fault, storage fees, own insurance

Question
Dear Mr. Hixenbaugh,

I was involved in an accident with mon February 2nd and am having some issues with the at-fault driver's insurance company. I only have liability so my own insurance company is refusing to help me out. I was driving down a two-lane road in the left lane and was approaching a stoplight which i noticed was green so i continued to do the speed limit. Half-way to the intersection i noticed a jeep ahead in the RIGHT LANE slowing down near the light, i figured that he was going to turn into the nearby culinary institute although he had NO TURN SIGNAL on. When i arrived at the middle of the intersection the jeep in the right lane attempted to go across the left lane to make a u-turn. Basically he wanted to make a u-turn from the RIGHT LANE. I swerved to the left trying to avoid getting hit but it was already too late and hit my car on the passengers side pushing me into oncoming traffic, there were no other cars around thank god. The police report has me at 0% fault, and the other driver at 100% fault however his insurance company wants to make it so that their driver is at 75% fault and that i am at 25% fault (for not slowing down at an intersection).Is it ok for them to do this even though the police report states otherwise? Can I get some type of lawyer to fight this? At this point my car, which has been totaled out by the insurance company, has accumulated $1200 worth of storage fees and if the other driver is not considered at 100% fault i will have to pay part of it. I am a college student and really cannot afford to pay for any of this especially when the other driver is the one at fault for trying to make a uturn from the right lane. Any help would be greatly appreciated.

Thank you so much for your time

Answer
Hi Regina,

This is a tactic used by many insurance companies to try to reduce what they will have to pay. Unfortunately, no lawyer will take this case. The reason is that you are the one that will have to pay the lawyer. If a lawyer charges you $2,000.00 to take the case how will you pay them. The insurance company would not be required to pay them.

Another problem that you face is that you are responsible to mitigate your losses. That means that you are required to remove your vehicle from storage to stop the storage charges. Even if get the insurance company to accept 100% fault, they could still make you pay some of the storage charges.

You need to call the insurance company and try to make the best deal you can as fast as you can. Unfortunately, they do not have to accept what the police report says, and they know that the only way to force them to accept 100% fault is for you to file a law suit against their driver and that you likely can not afford to do so. It might be better to accept the 75% offer that to drag this out for a longer period.

I hope this helps
Richard Hixenbaugh