QuestionMy wife entered an intersection in which the traffic lights were not working.
Part way through the intersection, her car was hit on the driver's side near the
trunk by an empty school bus. Neither party remembers making a full stop
before proceeding through the intersection. The police report claimed she
failed to yield the right of way to the bus and in fact hit the bus! This is the
opposite of the facts. My understanding is the vehicle to the right has the
right of way.
At the time, the police said the car was hit with enough force that it rotated
360 degrees. The police report will cost us the $ 500.00 deductible. Since
when are police opinions accepted by insurance companies with the
authority of a court. When I entered into a contract with the insurance
company, did I agree that a police report is binding?
AnswerDear David,
I empathize with your dilemma inasmuch as I had a number of clients over the years who also suffered erroneous police reports and police citations. Don’t worry: with some diligence you can overcome the mistakes of the officer.
First, let’s look at your last question: did you agree with an insurance company that the police report would be binding. The answer is NO. And you are correct to raise this important topic. I intend to give you and your wife well over an hour of my time to make some points about police reports—maybe someone who reads this later can also gain faith to fight the report and its harmful assignment of blame.
I am going to show you some ideas to correct the record IN WRITING ONLY. But first, let’s take a look at why we give credence to the officer’s placement of blame, AND then, how to get around that so it will not tarnish your wife’s personal injury claim.
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David, this will take some reading, but I will try to stay on point and as such, I will make and attempt to stick to an: OUTLINE OF ANSWER:
1. Side note regarding personal injury your wife likely suffered
2. Reasons why we give deference to officer’s assignment of blame
3. “Legal” impact of officer’s assignment of blame and issuance of traffic citation
4. Methods of REBUTTING arguments of insurance adjuster regarding your wife’s fault
5. WHAT TO DO NOW—how to “CORRECT OR SUPPLEMENT” the Officer’s Report
6. FINAL TOPIC: Effective communication with insurance claims adjusters.
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1. SIDE NOTE REGARDING PERSONAL INJURY
As a side note here, I am assuming that this accident had sufficient impact to cause some injuries to your wife. I don’t know if the 360 degree turn is accurate, but if the officer said that, then there must have been enough damage to the vehicles to warrant him in making that conclusion. And big damage to the vehicles usually equates to big damages to the occupants. Hence, I believe you will have a personal injury claim to pursue on behalf of your wife.
BUT, since that is not the topic you wrote about, I will simply ask you to send another brand new question on just the topic of her injuries and how you can make a claim for an insurance settlement on a do it yourself basis. While you are waiting to write about the injuries, I will give you three pages of reading on the topic of self help personal injury insurance claims. Just take what makes sense to you for now, and ignore the rest: this is just so you will have a flavor of how to go about making an insurance settlement on a do it yourself basis.
Overview Tort Law Personal Injury Legal Claims http://www.settlementcentral.com/page3000.htm
Personal Injury Attorneys and Insurance Claims Adjusters at SettlementCentral.Com Make it Simple and Easy to Settle Your Injury Claim: Do It Yourself and Save http://www.settlementcentral.com/page0014.htm
Keys to a MAXIMUM INSURANCE INJURY CLAIM SETTLEMENT http://www.settlementcentral.com/page0089.htm
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2. Understand the Reasons Why we Give Deference to the Officer’s Accident Report and Assignment of Blame
Let’s take that last phrase first: “assignment of blame”. The police are not witnesses, and the information they take down is hearsay, so they can be at fault in assigning blame, and if the adjuster does not know that, be sure to remind her that THE OFFICER CANNOT TESTIFY AS TO WHICH PARTY HE THINKS IS AT FAULT, his opinion as to blame is NOT admissible at trial.
True, the officers are instructed to ALWAYS find a party at fault. Do you know why? Neither do I, but I have come to believe that their assessment of negligence is useful to the society for at least three reasons.
The practice makes things simple for 1) government traffic reporting and analysis; 2) municipal, county, and state traffic infraction source of income; and 3) resolution of civil disputes and insurance claims.
Thus, the folks who want each accident recorded in the county and at the state level for analysis of traffic problems and so forth find it is best to identify who caused the accident.
As for number two, accidents are a great source of income for the government at all three levels. They split the pie, and so it helps to identify someone who they can make pay a traffic infraction fine.
As for number three, our society does need the officer’s to place blame since that shortcuts so much bickering that would otherwise follow an accident. Our court system benefits and the insurance system works well if we all kind of “agree” to accept the officer’s assessment of fault. BUT, that does NOT mean we give undue weight to the opinion of the officer. Just have this reasoning in mind so you can respond with confidence to the insurance adjuster.
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3. “Legal” impact of officer’s assignment of blame and issuance of traffic citation
What is the practical effect of your wife being cited as the negligent party—and perhaps of getting a citation for a traffic violation?
First make sure that you have the ENTIRE accident report, because sometimes there may be addenda floating around. You can get the officer's report to see who he thinks was liable. Obtain & supplement or CORRECT THE INVESTIGATING OFFICER'S Auto Accident REPORT http://www.settlementcentral.com/page0059.htm Auto accident police reports ARE NOT BINDING UPON THE PARTIES as to who is "at fault" per the officer. Of course they will give one party a leg up in arguing for liability, but since THE OFFICER CANNOT TESTIFY WHICH PARTY HE THINKS IS AT FAULT, his opinion is not admissible at trial.
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4. Methods of REBUTTING arguments of insurance adjuster regarding your wife’s fault
First, I would mention some of the arguments made herein: the officer’s report or opinion is NOT admissible to prove negligence. Next, I would hit hard on the following arguments that show how easy it is for the officer to be in error. Of course if your wife’s situation involved less than full investigation, you will want to mention that in the letter to the officer, a copy of which you will send to the adjuster.
Why do we agree in all states on the fact of the officer's opinion on negligence IS NOT ADMISSIBLE IN EVIDENCE? That means no one can introduce into evidence at trial the decision of the officer to issue a ticket or not issue a ticket. At first one might wonder why not—but if you think about it you will see that it makes sense.
The main reason, of course, is that the trier of fact—be it the jury or a judge—is the SOLE decision maker on the issue of negligence.
And there are good reasons to exclude the officer’s opinion on other grounds as well.
The officer has no first hand or testimonial evidence to present regarding the accident, other than his observations of the position and condition of the vehicles, debris on the ground, etc. plus what someone told him. Those statements made to him by others are not admissible to prove the truth of their content: they are hearsey.
Of course the statement of one of the parties can be used against him. Thus, an admission of fault will be admissible via the officer's testimony. But there are a lot of cases where I have had my clients receive a citation from an officer, yet we have won the case by showing the evidence of negligence on the other side.
Sometimes the officer gets only one side of the story, or a slanted version if one party is more vocal and aggressive. One party may have a headache or be in shock, but the other party could be coherent and the officer will naturally take that information down as more reliable.
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5. WHAT TO DO NOW—how to “CORRECT OR SUPPLEMENT” the Officer’s Report
Here is the best information on correcting the officer’s report on an auto accident http://www.settlementcentral.com/page0059.htm
For me, the key is to know that you cannot change the officer’s mind, or even his accident report. Instead, focus on making a thorough exposition of facts to rebut what he says, make it into a request “to correct or to supplement” the report, and send it via certified mail or hand deliver it to the officer’s station house. Don’t be nasty or make snide remarks: stick to the facts and make the letter professional.
Send a copy to the insurance adjuster. DO THIS NOW; DO NOT WAIT. Sure, it is a self-serving letter, but when are you going to dispute the report and how else will you do so? ASAP is the best time to get this done.
Do not worry should the officer return your letter to you. The point was not so much to actually change his report as it was to get your facts out there on the street so that you can argue from them latter.
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6. FINAL TOPIC: Effective communication with insurance claims adjusters. Establish Firm, Professional, and Positive Relationships With the Insurance Injury Claims Adjuster http://www.settlementcentral.com/page0059.htm
Always communicate with the adjuster in writing, showing your own analysis of value. It is OK I guess to have one call or so, but no more. Always have your information and ammunition in writing to give to the adjuster.
Let him know that you are FIRM IN YOUR RESOLVE to get what you are demanding (NOT "asking", since that invites a counter-offer, but instead "demanding" as fair and reasonable compensation) by asking him what the options are to resolve the matter fairly should he not agree to a reasonable claim value. In other words, let him know that you will go through with a court filing if need be.
Remember these tips, do your homework, print out your evidence, show resolve to get your fair settlement, and you will DO JUST FINE.
I trust that my extra time here has produced some information that has been of value to you, and thus I would respectfully request that you locate the feedback form on this site and leave some feedback for me.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
