Auto Insurance Claims: police report and small claims court, small claims court, definitive evidence

Question
I was recently in an accident where a car swerved into my lane and hit me.  His insurance company took all of our statements and got an estimate for the damages on my car.  They said based on the info they had they would likely cover me but they had to see the police report first.  The police report is inaccurate.  The officer wrote things that I never said and his conclusion was that the driver had to swerve to avoid hitting someone who had supposedly cut him off.  The officer also wrote that there is no evidence or witness.  His conclusion was the fault is "other than driver".  Based on this the insurance of the guy who hit me is not covering me.  I've been advised to sue him in small claims court.  Do you know if it is possible to get a police report changed.  Is the insurance able to use that as definitive evidence when it doesn't match our statements?  Do you know anything about small claims court?  If the police report is not in my favor do I have a prayer?

Answer
Hi Tracy,

It is possible to get a revised police report if you can provide a reason or evidence to the police officer who wrote the report.

Insurance companies will use anything to not pay a claim. If the police report indicated that their insured was at fault but the statements did not match the report, then they would say the police report was wrong and they would go with the statements. It's just part of the game.

You can sue in small claims court, however, if you plan to discuss the police report you will have to subpeona the police officer to come to court. If you can show the police office where he was wrong, you may have a chance of convincing a judge that the othr person is at fault.

I hope this helps
Richard Hixenbaugh