Auto Insurance Claims: Driver changing story for insurance company, police report, insurance company


Question
My wife was involved in an accident. She was at a complete stop at a traffic light which was red. Another driver rear ended her vehicle and pushed her into the vehicle in front of her. I met her at the scene of the accident about the same time the police were writing up the report. At the scene the woman stated that it was her fault and that she thinks she may have hit the gas instead of the brakes. I have a copy of the police report that was made from the statements at the scene of the accident. My wife was vehicle #2 in the accident the woman who hit her was Vehicle #3 and the vehicle she was pushed into was Vehicle #1 in the report. The report states that Vehicle #1 and Vehicle #2 were stopped at the red light. Vehicle #3 was following too closely and struck vehicle #2 pushing he into Vehicle #1. The lady who rear ended my wife was ticketed and determined to be at fault for the accident. All drivers have different insurance companies. After statements were collected the lady in the front car or vehicle #1 said she felt two impacts. The lady in vehicle #3 is now changing her story and saying that my wife had already hit the vehicle in front of her before she struck my wife. Our insurance company is now trying to get us to submit a claim to them accepting 75% fault for the damage to the vehicle in front of her and the rear cars insurance company will accept 100% liability for the damage to the rear of my wives vehicle. I have not done anything yet because my wife contributed to this accident in no way and I refuse to accept any of this liability. I'm not sure where to go with this since my insurance company seems so willing to roll over and accept the word of the other clients over my wives and a police report/FR-10. The driver who struck my wife has most certainly changed her story from the scene of the accident and is totally lying. Does the fact that the police report shows this help me at all because the insurance company is leading me to believe that it is irrelevant. If this is true I have totally lost faith in the "system". Any advice you can offer would be greatly appreciated.

Answer
Hi Matt,

In understand your frustration.  The police report is simply a tool. The police office did not witness the accident, he is simply taking statements and issuing tickets based on those statements. Although it does help the police report is not the last word on who is at fault. The insurance company takes recorded statements from the drivers in much greater detail than the police do. Then they make liability decisions based on these statements.

If your wife feel strongly that she did not rearend the car in front first, then she needs to be very clear with her insurance comapny that she in no way reaended the car in front first. I needed she should ask to speak to a supervisor or manager. However, in the end it is the insurance company's decision to pay of defend the claim.

I hope this helps
Richard Hixenbaugh