QuestionI was involved in an auto accident where I was making a left u-turn into a private parking lot on a curve two lane road. The driver behind me assumed that I was turning right then crossed over the double line to try to pass me on the left and in turn hit me in between my doors on my driver's side. The other driver called the police and our statements were taken. The officer informed me after taking my statement that the other driver will be cited and he was going listed him as driver 1. When I received the report, my statement said that I made a u-turn period not mentioning that I was turning into a lot. Also, the diagram was incorrect with the positioning of the car and the driveway of the lot was missing. The other driver was not cited and the report indicated that his contributing factor was that he was following to close. I have notarized statements refuting the police diagram and the positioning of my car. I've sent copies to the officer and his Lt. They amended the diagram to display the driveway, however, the positioning of my car is still incorrect actually worst because my car bumper was in the driveway and he has me in the middle of the street. The other driver didn't have insurance at the time also. When I questioned the officers about citing him for that, they told me that if at a time of an accident if the drivers have the documentation it not necessary for them to check the records that only works with traffic stops. My question is how can I dispute my police report after speaking with the officer and his supervisor? I retrieved a complaint form from their records department but I’m afraid that this will only make my report worst than what it is now. Also, if this driver doesn't have insurance what is my options for getting my deducible and medical expenses paid?
AnswerI hate to be the bearer of bad news but I doubt you will be able to recover against the other driver whether he was insured or not.
You were making a U-turn (for whatever reasons is really moot as it is essentially almost always the fault of the turning party when a collision occurs as a result of that move. You were making that turn on a curve which makes your action more hazardous.
As I see it BOTH vehicle contributed to the accident happening. The % of fault will probably fall in the 50-60% range you and the 40-50% range the other vehicle.
Since the reporting police office did not witness the accident the report is nothing more than a re-statement of what the involved parties had to say. It may have some sway but it won't be controlling in the fianl analysis.
You need to determine what type of fault state your state is. If is is a Modified Comparative Negligence state (most are) and you are determine to be 50/1% or more at fault then you would be SOL on any claim for your property damage and/or injury claim.
If you have your own Collision coverage run your car damage back through your own carrier and eat you deductible.
If you carry Medical Payments coverage your carrier will take care of your medical bills up to the limit for that cover (usually $1,000, 2000, etc).
Wish I had better new but I don't.
Hope and trust that the above is helpful..
Get back to me with any follow-up issues re this matter.
