QuestionQUESTION: Hi, I was involved in a four-car accident. Four cars were driving on a road in a line. I am the second one from the back. Two cars are in my front. The car (Toyota Corrola) in my back hits me very hard that its license plate penetrated into my emission pipe and the bumper was stuck into my rear bumper. My car is Infiniti J30 and it was pushed forward and went under the car in my front (TAHOE). My car has been totaled. No big damage on the car in my front since it¡¯s big. I was not asked about anything at the accident site by the police. I thought the car in my back will take care of it. However the police report says I hit the car in the front first just based on the damages. He even said that he questioned everybody. I think he is dishonest and put all my questions (he even did ¡°adjustments¡± before making the police report public) in a dispute letter. I forwarded the dispute letter to the police and my insurance company. Police didn¡¯t make any clarification on the report. The only response through another officer is that it¡¯s a personal opinion, won¡¯t change it.
My insurance adjuster never contacted us about our case except recording my statement. Actually it¡¯s almost impossible to get hold of her on the phone. I called again today and was told the decision has been made. They think I hit the car in the front first. They said it¡¯s based on the police report, the damages, and what ¡°everybody¡± said. I was told that everybody, all three other drivers other than me, all said I hit first. But they won¡¯t let me know what exactly they say due to confidentiality. I start to doubt how the driver in the lead car could tell ¡°I hit first.¡±
The whole situation starts to feel not right. I have only liability insurance, which means they don¡¯t care about my car no matter it¡¯s my fault of not. In this case, if it¡¯s just minor damage in the front cars, they are not motivated to fight with the insurance company for the car in the back, who should be the one who is responsible for all damages, including my car.
What should I do in this case? I don¡¯t have witness, neither do they. What they have is that ¡°everybody said I hit first¡±, the damages (I sent them a letter explaining why the damage in the front is much worse than in the back!), and the police report, which is not trustable at all. Thanks for your direction!!
ANSWER: Hi Bin,
The standard procedure for for investigating this type of accident by both the Police Officer and your Insurance Company is to question the drivers of vehicle #1 and vehicle #2 and ask them how many impacts they felt.
The driver of car #1 should have felt 2 impacts (or possibly only one if your car never disengaged from the Tahoe). The first when the Tahoe was pushed into him and the second when you made your final contact with the Tahoe. The key is the driver of the Tahoe, he should have only felt one impact, since your car and car #4 were at this time 'hooked' together.
You have a right to read the police report. Your Insurance Company already purchased a copy for their use and they should be willing to give you a copy of the report.
Otherwise, you have the right to purchase (for about $10) a copy of the report from whatever Police Agency that investigated the accident. Since you were one of the parties involved in the accident you have this legal right,
even if they are calling the report confidential.
If you are denied access to the report, you should contact the Department of Insurance to file a complaint and request assistance.
Simply type 'yourstatename department of insurance' into your web browser and hit go. This will take you to a listing of multiple sites regarding insurance in your state. Click on the one that states 'Official Site' and scroll through until you find the proper person in the Insurance Commissioners office and there will be a method of filing a complaint by e-mail and a telephone number to make a phone report. If you are denied access to the police report, this is the only method that I see can be of help other than hiring an Attorney, which could be quiet expensive and his fee would come out of your pocket.
I hope this has been of help. Please write again if I can be of more assistance.
Sincerely,
Bennie
San Francisco Bay Area 10-18-07 12:32 PM PST
---------- FOLLOW-UP ----------
QUESTION: anks for the reply Bennie. I did get the police report from the insurance adjuster of the car hitting me (the one in my back). But there is no evidence/witness to support his statement "I hit the car in the front first." I think this officer is irresponsible and made a random statement. That's why I wrote the dispute letter and sent it to the police and insurance, asking for a specify reason of writing that statement. But I was told through another officer that it's just personal opinion.
I guess the only reason the police thinks so is the damage itself. I got a fatal damage on the mechanical part under the hood. But that's becasue my car is too low and it went under TAHOE. I therefore took picutres on my car and Corolla's bumper (to prove it's not a small impact from the back)and sent it to the insurance company. But I don't think they fight for us at all.
Just because they said "everybody said I hit first", I don't trust my insurance company at all. If the cars in my front think it's my fault, why they never file the claim with my insurance company? So for till today, I, myself, is the only person to file the claim with my insurance.
Since the accident does not have any witness, I think insurance companies (both mine and the one for the car in the back) are taking advantages on me. Police made an irresponsible random statement, never provided any clarifications on my dispute letter. I was told by the insurance the decision was based on what other driver said, the police report, and the damages. But never clarified my questions concerning lots of details.
Can I sue the insurance compnay of the car hitting me? Thanks!
ANSWER: Hi Bin,
Yes, you can sue the driver of the car that hit you in small claims court.
About 50% of the states allow an Attorney in small claims court. Check your state law with the court before filing any action.
If an Attorney is allowed, his insurance company will provide him an Attorney at no charge. Your insurance is NOT going to provide you with a free Attorney.
If you are presenting your case to the court and an Attorney is presenting the case for the defendant, your chances of winning are slim to none. If you hire an Attorney to represent you, this is NOT a recoverable expense if you win.
If Attorneys are allowed in small claims court in your state, you would probably spend more for an Attorney than the amount recovered, should you win.
Sincerely,
Bennie
10-19-07 2:42 PM PST
---------- FOLLOW-UP ----------
QUESTION: Hi Bennie, thanks for your answer! I know it's hard in court, so my question at this point is, do I have the right to ask for detailed reasons of their decision from the insurance company of the car hitting me? Usually what kind of information is available for me in this situation? For example, can I have copies of other drivers' testimonies? Can I have a look at the damage pictures? I think I should have the right to know how the decision is made. If I'm blind to the process, what can guarantee their decision is made in the fair way? Individual seems to be the one with no power when dealing with the insurance companies. They seem have the right to make the case go to whatever direction when the case itself is lack of witness or direct evidence. How can I get more information about their decision making? Do I have the right to do so? Thanks!!
AnswerHi Bin,
The decision was made on the basis of the police report. The statements taken at the scene of the accident of each of the other drivers should be contained in that report.
The insurance company's records are confidential and will not be released to you.
I can understand that you desire to be absolved of fault in this accident, but based on all the information you have provided, I see no way that is going to happen.
Sincerely,
Bennie
10-20-07 10:25 AM PST
