QuestionDear Expert,
I was driving my car in the far right lane of a 3-lane road in each direction (Roosevelt Blvd, Philadelphia). A driver of a SUV hit my car when she was changing the middle lane to the far right lane where I was. It was dark, 10PM. I got hit when I was in her blind spot. She didn't use the blinker. I pushed the brakes strongly. She didn't.
She drove a Sienna Toyota 2005. The damage of her car is two right doors where the two doors meet.
The damage of my Honda Civic 2DR is a bulged-in left front fender, torn driver's door (where the hinge is), driver's side mirror and slight scratches on the rear left fender. The both bumpers are OK. The center of my car damage is the left front pile.
I called the police. They made an accident report.
Nobody got injured, only the car damages.
This woman accepted her fault before the police came and my wife was a witness of that. When the police came she confirmed that she was changing the lanes and said she didn't see anybody in the side mirror.
I told the policeman that I was in my lane and confirmed that I left the breaking skidmark in my far right lane. He saw it.
The woman didn't even push the breakes.
The policeman created a report and gave us its number.
Today I purchased the report. The only useful information indicated in it is both of us were heading South and my car was straight before the accident. He also indicated the damages of both cars. Nothing else useful. No scheme. No word that she told him she was changing the lanes. Only that my car was straight before the accident (probably the policeman inferred it from my words and the skidmark in the far right lane).
My insurance company (ProgressiveDirect) told me that she said that I was changing the lanes and our versions are different. Her insurance company (Nationwide) told me that they were not accepting liability before they would see the police report. Nationwide also took pictures of my car damages and estimated its cost ($2,000).
I'm trying to get prepared for the worst case.
1) Are the police report and pictures of our damages enough to conclude her fault?
2) Can my wife be an independent witness to give testimony that the other driver accepted her fault before the police arrived and the other driver really was changing the lanes and hit us while we always were in our far right lane?
3) Should and can I get a letter from the policeman to fill the gaps to confirm that he was told by the other driver she was changing the lanes?
4) What do I have to say to her insurance company if they refuse to accept their liability?
5) What are my chances?
I can send the pictures of my car damage.
Please help me,
Max.
Answer
Dear Maxim,
You are in the right in this case: DO NOT BE THROWN OFF BY THE POLICE REPORT. What the officer concluded in his report IS NOT ADMISSIBLE in court (with some exceptions) inasmuch as he is NOT a witness. Nor is he a professional accident investigator. It seems that his conclusions are heresy based upon the statements of other people.
You have four choices. First, get your car repaired under your own policy. By the time the car is done, her adjuster will be ready to pay you your deductible.
OR, second, get a complaint form from your state insurance commissioner http://www.settlementcentral.com/links.php
Send it in with a copy to the supervisor of her side for claims. THAT will get you some quick results.
OR, third, just go to the small claims court and pay the $50 and fill out a simple three line complaint form to file a lawsuit for the damages and whatever else you think is appropriate (rental car, transportation costs, etc.). The court will arrange the service of process. You do not have to do anything else. NO ATTORNEYS are allowed in small claims court, and THAT filing and service of process upon her WILL get your car fixed.
OR, fourth, use a combination of the above with one last letter to the supervisor of her insurance, enclosing "advance" copies of the insurance commissioner's complaint form and the lawsuit you will file (already completed).
I think that you need to send a fax to the insurance adjuster in the manner set forth below. Do you have confidence in your $2,000 repair estimate? If so, then you will send the letter to the insurance adjuster's supervisor telling him three things:
1. that you need a rental and commitment to make all repairs ASAP;
2. that if he cannot or will not provide a rental vehicle and a 100% repair commitment, then you have no choice but to file both a lawsuit against his insured AND a complaint with the state insurance commissioner.
3. that you are enclosing "advance copies" of the insurance commissioner complaint and the completed small claims lawsuit complaint form.
I would get a phone call in to your local small claims court and get a copy of their complaint form and fill it out and send a copy with your letter to the adjuster. EVEN IF YOU HAVE NOT OFFICIALLY FILED THE LAWSUIT, if you send the completed form it will be very effective in getting the repairs done in a timely manner.
Feel free to write back to me with any additional questions you may have, including, for example, how to complete the small claims lawsuit form.
Best Wishes,
Dr. Settlement, J.D. (Juris Doctor)
http://www.SettlementCentral.Com
