Auto Insurance Claims: Re Hit and Run Question Date: 12/14/2007, hearsay evidence, independent witness


Question
Hi, I am still trying to get the insurance company to fix my damages and they seem to keep coming up with new stuff.

I called the adjuster on 1/9/07.

The adjuster fianlly said she got in contact with their insured (over a month later) and that he has a independent witness whao is not listed on the exchange of information or the police report. She stated that she now has to put the insured and witness's statement into transcript. She also has stated that they are waiting for their insured to send them pictures (which he told the adjuster there was no damage). The adjuster also told me that she told their insured to contact the Sheriff that came to the scene so he could file his own police report with his side of the story.   

Will their insured actually be able to file his own police report regarding this accident when he was already listed on the report the sheriff made at the time of the accident as a hit & run? I contacted the sheriff's office and was told with the accident happening back on 12/5/07 that it would now be to late.

I was also told by the adjuster that my accident report is just here-say and that it would not hold up in court, is this true? The sheriff told me that that's a lie, the police report is a legal document and the judge would most likely side with the report and that the insurance company is just trying to get out of paying the claim.

I would just like to know what you think about this?  

Answer
Hi Angela,

If the Sherrif said it was too late to amend the police report, then I would think that they would not be able to do so. The police report is considered hearsay evidence. If you were to go to court you would have to subpeona the police office that wrote it to appear in court to testify.

It does sound like the insurance company is just giving you the run around. You just may end up going to court with this one.

I hope this helps
Richard Hixenbaugh