Auto Insurance Claims: Insurance Claim, toyota corolla, legal option

Question
My son was driving our Toyota Corolla when he saw an emergency vehicle with siren and sounds coming from the opposite direction.He was already in the right lane, so he just pulled over.After a few seconds, a Ford Focus hit him at the back causing damage to the rear bumper and fender. My son called my wife who advised him to call the police so he did.The police came and wrote a report but didn't give a ticket to the person driving the Ford Focus.He said because of the situation involving an emergency vehicle, he can't write a citation or a ticket.
Anyway, I filed a claim against this person's insurance (State Farm) to cover the cost of our repair. They're saying that their insured motorist has a totally conflicting story - that our son came out of nowhere so she couldn't avoid hitting him.State Farm is waiting for a copy of the police report and will determine if they will pay for our damage. If the decision is for them not to pay, do we have any legal option to compel them to pay ? Thanks.


Answer
A police officer will normally not cite anyone for an accident unless they witness the accident or the facts of the accident speak for themselves...

Sounds like you have a case where both operators have differing versions and that is not unusual.

State Farm is bound to support their insured's version until and unless it can be demonstrated that that account is incorrect.

Hopefully the policee report will "clear the air" but even it is supports your version that may not change State Farm's position.

If you have COLLISION coverage I would consider that option (subject to your deductible) AFTER getting State Farm's final position on the matter.  That way you should get most of your repair costs and the companies can fight it out.  If you company is successful you will eventually get your deductible bask (could be weeks or months).

Bottom line is that IF your damage is dead rear as oppsoed to side rear you should prevail..

Hope and trust that the above answers your question(s).

Feel free to get back to me with any additional questions/needs relative to this matter.

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Thanks