Auto Insurance Claims: truck accident, independent witness, straight arrow

Question
I was involve an accident with a 18 wheeler, it was on a road where two lanes merge into one. I was on a straight arrow lane, the truck driver was slowly travel on a merge arrow lane. I was side by side with another car, the other car was behind the truck. I was hit when the truck pull right in front of me to the parking lot on my right side. I was hit on the driver's side. I had a citation from the police for failure to yield right of way and unsafe passing. I wasn't passing anyone and I had the right of way, cause I had a straight arrow. The witness was the car behind the truck. He told the police that I was at fault. I don't understand this....he was behind the truck on the same merge lane. How can he be a possible witness. They should be charge fail to yield right of way. The cop never asked for my statement, because he had a witness. The accident happened two months ago..... til this day, I am still waiting for my accident report. I had called the police station for so many time asked for my report, and they told me is not ready, finally I made a complaint, the cop told me my report was lost in processing, unless I gave him a copy of the driver's infromation sheet, he will give me a report within 7 days. My question is..... is he gonna make up a accident report for me. How he can remember stuff that happened two months ago. And the worst thing is....my insurance company had paid the other driver for the damage without even seen the accident report. They were jumping to conclusion said that I was at fault. And I had consult couple lawyers, they had turned down my case because it is time consuming and because my own insurance company find me guilty. Please help. Thanks.

Anni

Answer
Hi Annie,

Unfortunately, there is not much you can do in this case. When there is an independent witness, the insurance company will almost always go with the statement of that witness. I think you will just have to let this one go.

I hope this helps
Richard Hixenbaugh