I was in an accident on 3/18. I was going to park in a parking lot and someone backed straight into me. This man did not look. I have requested the police report and spoke with the other insurance company and my own about the accident. Apparently the officer wrote in a report that this was my fault for not looking. I have requested an amendment to the police report and have yet to see or receive any correspondence from the police. Other driver's company say they won't pay for damages. No one has taken pictures of my car and I have yet to see an official report. At this point I am prepared to pursue arbitration with all that I can. This is ludicrous I did nothing wrong and there has been NO investigation into this incident. Thanks so much.
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Accident not my fault
- Thread Starter ddbig77
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army judge
Super Moderator
Parking lots are private property.
In most cases, the police have very little authority on private property.
The solution for you, if you believe you've been aggrieved, is in a civil suit.
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In most cases, the police have very little authority on private property.
The solution for you, if you believe you've been aggrieved, is in a civil suit.
Sent from my iPhone using Tapatalk
CdwJava
Moderator
A couple of things to keep in mind ....
Insurance companies are not obligated to rely on the police report. In fact, most do not.
Also, police reports are generally little more than a collection of driver and vehicle information, the initial statements of the parties, and (maybe) an opinion as to the cause of the collision.
You are free to dispute any assignment of fault with your insurance company. Also, the police department is under no legal obligation to amend their report at all. You can ASK them to write a supplement, or even to include your written statement, but they are not obligated to change the report. Indeed, they likely cannot legally change the report anyway.
So, ask the police department for a copy of the report (go in person if you can), and dispute any claims of fault with your insurance company.
Insurance companies are not obligated to rely on the police report. In fact, most do not.
Also, police reports are generally little more than a collection of driver and vehicle information, the initial statements of the parties, and (maybe) an opinion as to the cause of the collision.
You are free to dispute any assignment of fault with your insurance company. Also, the police department is under no legal obligation to amend their report at all. You can ASK them to write a supplement, or even to include your written statement, but they are not obligated to change the report. Indeed, they likely cannot legally change the report anyway.
So, ask the police department for a copy of the report (go in person if you can), and dispute any claims of fault with your insurance company.
army judge
Super Moderator
No, it makes no difference in what I said.
In fact, it buttresses my point.
It is still a privately owned parking lot.
Your redress, if you seek it, is in a civil law suit.
army judge
Super Moderator
Sue the other drive, you sue his insurance company via proxy.
Ask your insurance company to help you sue the other guy.
Tell them you're innocent and want them to subrogate against the other guy and help you sue.
They might say no, then you have to go it alone.
It won't hurt you to ask.
You win, one of them pays!
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Thank you. I obtained the police report and you all are dead on it contains no assignment of fault or really anything of legal consequence. The whole thing is garbage in my opinion I think the fact that the other driver has not filed any sort of claim against me since it was allegedly my fault speaks volumes about what he and I both know about the accident. What is really crazy to me is that no one has once photographed my vehicle amazing to me that decisions are made without even examining the evidence.
jharris352
New Member
I don't know the facts of where he hit you and how but you aren't necessarily in the clear. As you have been told, the Police officer isn't the arbiter as to who's fault the accident is. You really need to cut your crappy attitude about the police officer, they did what they are suppose to do. THEY DON'T ASSIGN BLAME. Its not their job.
If the person backed up and you hit them with the front part of your car you are likely at fault. If they backed into the side of your car they are likely at fault. Either way that is a question for a civil action NOT a policeman.
So as Army has suggested file a claim against the other driver's insurance and see if they pay. If they don't sue the other driver and his insurance will be obligated to defend him or pay.
Good luck, but lay off the Police. It isn't their job.
If the person backed up and you hit them with the front part of your car you are likely at fault. If they backed into the side of your car they are likely at fault. Either way that is a question for a civil action NOT a policeman.
So as Army has suggested file a claim against the other driver's insurance and see if they pay. If they don't sue the other driver and his insurance will be obligated to defend him or pay.
Good luck, but lay off the Police. It isn't their job.
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