Does a police report opinion decide accident liability?

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confusedinevada

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I was in a car accident 2/6/08. The other gal was driving too fast on icy road while on cell phone. I saw her coming and drove off the road into a snowbank. Unfortunately, she slammed on her brakes and slid over to my side and slammed my driver/passenger door. The police report says the accident was caused by the other driver driving too fast for road conditions. BUT the police report also says that the road conditions "greatly" contributed to the accident being that the road was icy. The police report also says that there was only about 8 feet clearance for both our cars to pass. No citations were issued and my car was totalled: blue book value of my car is $3900.00.

My question is this. Doesn't the insurance adjuster have to accept the decision in the police report with regard to whom is at fault for the accident? The insurance adjuster wants me to accept 1/2 liability because he says that both parties were trying to occupy the same space at the same time. I explained this is inaccurate (and not in the police report) because I drove completely off the roadway into a snow bank (I have pictures to prove it) in order to allow the other car to pass safely. The accident would have never occurred if the other party was paying attention (she was on her cell phone going about 40 mph on icy roadway) and she would not have gone into a skid if she would not have hit her brakes. She didnt have antilock brakes. When I told the adjuster that the police report said that the other party was at fault, the adjuster tells me that he doesnt always base his decision completely on the info in the police report. Or, is the adjuster just trying to determine how stupid I might or might not be at this point?

My next question is...can anyone give me a reference on a reputable accident/injury attorney in Reno Nevada?

Thanks any help would be greatly appreciated.
 
I am an adjuster, but not in your state, laws may be different. I ususally use the police report as a clarification of the accident scene, facts of loss and contributing circumstances. Some of the other things I use to determine liability include my owns scene investigation and recorded statements for insured driver, claimant driver, passengers and any winesses.

Can you prove that the other driver was speeding? Do you know how long her skid marks were? Did she cross over into your lane of traffic? When? Eight feet of clearance is not much, why was there only eight feet. cars parked on the side? The detail is what wioll sway the adjuster, it's all about provable facts.
 
well...no I cant "prove" speeding. All I can say is when you drive on ice, you have to drive slow...and she wasnt going slow...she was coming up a small hill, and when she hit me...she left a large dent (my body is made of metal not plastic)...Im thinking that gravity would have slowed her down substantially if she was going slow enough...and the damage would have been minimal if she were going slower...so in answer to this question...there were no skid marks...the road was ice. And the reason the officer documented 8 foot wide roadway...was I live on a rural dirt country road that is NOT plowed by anyone but local property owners.....the road was narrow because only a narrow area of snow had been plowed away.But I took pictures of the area and its obvious that there was definietly more than 8 foot road clearance...not much more though...maybe a total of 15 feet...but the clearance isnt really an issue is it? I ask this because I was driving a 4 x 4 with a lift on it...so when I drove into the snow...I sustained no damage from driving into the snow...the only part of my SUV that touched the snow were the tires...when I drove into the snow...it was deep enough that my truck just came to a stop...when I came to a stop...thats when the other party slid into me...her impact spun her around and she came to rest in the snow bank directly behind me on my side of the road. Only about 8 inches of my vehicle were actually out of the snow bank in the roadway....and the area of impact is provable in my pictures because you can see debris on the snow next to my SUV.
 
Ok, so there is enough room for both cars to pass eachother correct? run down the facts for me again, sorry. Start from when you saw her, why you pulled off the side of the road and up until impact.
 
You need to be able to prove that you are negligent free. I dont know all of the facts, so its hard for me to point you in any sort of direction. If she was comming left of center, she has the greater duty to stay on her side of the road. If you pulled over because you saw a narrow part in the road and she was coming, you acted as a resonalble and prudent person would and pulled as far over as possible and tried to let her through.
- neglegence free and acted as a resonable person in that situation would.
- What did the adjuster tell you the reason for you being 50% at fault was?
 
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I was going appx 10-15 mph, I saw her coming from the opposite direction, talking on her cell phone, her speed alarmed me...I also saw that the road was too narrow for both of us to pass safely, suddenly I saw a look of panic on her face (I don't know if her panicked look was because of her surprise to realize that another car was coming in her direction, or if she had already lost control of her car), but I expected the worst and drove off the road into the snow on my own side of the road to allow her ample room to pass me. She hit her brakes causing her to slide...she slid over to where I was already stuck in the snow and hit me. If she would NOT have hit her brakes, she would have driven past me with no problem.
The adjuster is saying the reason I should assume 50% responsibility is because it was "just an accident that was unavoidable because of the narrow road conditions". (my opinion of this is...the road was not TOO narrow...while I was stuck in the snow, awaiting arrival of police to the scene, a dodge dually 4 wheel drive was able to pass my truck while my driver door was open and he did not have any difficulty passing me. Also, upon arrival, the police cruiser was able to pass me with ease.)

Try accessing these pictures I placed online ...

http://www.fileden.com/files/2006/7/10/121244/accident explanation 001.JPG

http://www.fileden.com/files/2006/7/10/121244/EAST BOUND DIFFERENT ANGLE PICTURE.JPG

http://www.fileden.com/files/2006/7/10/121244/ACCIDENT PIC SHOWING AMERIGAN AT FAULT.JPG
 
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Q: Does a police report opinion decide accident liability?

A: No; a court does this, using evidence (for example, a police report).
 
You have some good photos, and the ultimate answer to your question is answered by senior judge. The insurance company has to be able to prove that you were neglegent in some way to assign any responsability to you. Weather conditions alone does not constitute neglegence on your behalf. If you carry collision coverage on your insurance, you can file a claim with them and their subrogation dept will go after the other insurance co and try to fight this battle for you, consult your insurance company re: this process.
 
The loss of use would generally be calculated by the insurance co sop for time and the daily rate that the insurance co would pay for a comperable vehicle.

ex: ins co sop-after settlement presented and accepted, will pay for three additional days for loss of use

7days @ suv rate (40.00?) = 280.00

I hope the info has been helpfull
 
kevinaz06 said:
The loss of use would generally be calculated by the insurance co sop for time and the daily rate that the insurance co would pay for a comperable vehicle.

ex: ins co sop-after settlement presented and accepted, will pay for three additional days for loss of use

7days @ suv rate (40.00?) = 280.00

I hope the info has been helpfull
Click to expand...

Thanks Kevinax06, yes very helpful. Now, I would like to pick your brain a little more. I know Ive explained before about how the adjuster is not wanting accept liability. According to DOI he has 30 days to put his decision in writing to me or explain why no decision. My question is, is there some influential way that I can get him to accept liability? I know everyone keeps suggesting I get an attorney but the gal who hit me is my neighbor and I have to live near her forever...Id rather not get an attorney unless I absolutely have to because you know the stigma that that will attach to this whole mess. So for now, I want to try and settle my accident losses reasonably and without an attorney...do you have any advice or suggestions? I have a totalled SUV, and injuries to my wrist, neck and back...today the doctor said I may need surgery to repair the damage to my wrist, so he referred me to a specialist.
 
The only way to influence an adjusters decisions is to rebut w/facts. In your case, you need to prove that you are neglegent free. What would a resonable prudent person done in your situation. If the adjusters explanation for assigning you neglegence is the road conditions, that will not hold up in a court of law.
As far as an attorney goes, check into how much of your settlement they will take and see if you think it would be worth it. You can hire an attorney at any point in your claim. You have many other avenues to explore to get the results you want. Adjusters manager/supervisor, DOI, look up your state laws re: comparative neglegence.
Also, your auto, bodily injury, and med pay claims are all seperate claims.
 
kevinaz06 said:
The only way to influence an adjusters decisions is to rebut w/facts. In your case, you need to prove that you are neglegent free. What would a resonable prudent person done in your situation. If the adjusters explanation for assigning you neglegence is the road conditions, that will not hold up in a court of law.
As far as an attorney goes, check into how much of your settlement they will take and see if you think it would be worth it. You can hire an attorney at any point in your claim. You have many other avenues to explore to get the results you want. Adjusters manager/supervisor, DOI, look up your state laws re: comparative neglegence.
Also, your auto, bodily injury, and med pay claims are all seperate claims.
Click to expand...

Hey Kevin AZ...thank you so much for your help. I am really beside myself as to how to handle this whole matter. The lady who hit me is my neighbor and Im hesitant to involve an attorney...(did I already say that...cant remember) anyways, I do have an additional question...the police report says the other lady WAS driving too fast for road conditions...(is this what you were referring to?)...does this mean that she can not be held accountable for hitting me because the road was icy and she slid into me? She WASNT cited for driving too fast (I live in a small town where everyone knows everyone else and she is an EMT who knew the police officer so Im thinking that the police report was intentionally vague and she intentionally was not cited because they knew each other by first name when he(police officer) came to the accident site. Its all very convoluted...Im getting a headache just typing about it...lol...not really but it is starting to overwhelm me. Im having to pay for all of my own doctors visits and medicines and surgery because the adjuster told my doctor that I had not signed any agreement so he would not pay for any doctor visits. This also confused me because he didnt give me anything to sign...we merely spoke on the phone and he "offerred" to pay my doctor bills through the end of February if I signed an agreement to which I replied...I cant do that...I dont know how long it will take for me to get better.
 
kevinaz06 said:
The only way to influence an adjusters decisions is to rebut w/facts. In your case, you need to prove that you are neglegent free. What would a resonable prudent person done in your situation. If the adjusters explanation for assigning you neglegence is the road conditions, that will not hold up in a court of law.
As far as an attorney goes, check into how much of your settlement they will take and see if you think it would be worth it. You can hire an attorney at any point in your claim. You have many other avenues to explore to get the results you want. Adjusters manager/supervisor, DOI, look up your state laws re: comparative neglegence.
Also, your auto, bodily injury, and med pay claims are all seperate claims.
Click to expand...

oh by the way kevinAZ...did you view the photos that I posted...do these photos demonstrate that I hold no liability in this accident? My photos and the statement in the police report saying the other lady was going to fast for conditions....those are the only actual facts I have to prove I was not at fault...any suggestions?
 
kevinaz06 said:
The only way to influence an adjusters decisions is to rebut w/facts. In your case, you need to prove that you are neglegent free. What would a resonable prudent person done in your situation. If the adjusters explanation for assigning you neglegence is the road conditions, that will not hold up in a court of law.
As far as an attorney goes, check into how much of your settlement they will take and see if you think it would be worth it. You can hire an attorney at any point in your claim. You have many other avenues to explore to get the results you want. Adjusters manager/supervisor, DOI, look up your state laws re: comparative neglegence.
Also, your auto, bodily injury, and med pay claims are all seperate claims.
Click to expand...

Okay Kevin AZ...this is my last question...I promise....The adjuster has paid 100% for me to replace my SUV window so that I could drive it and maybe he is trying to mitigate his damages? I dunno, but what Im curious about...since he is trying to get me to agree to splitting liability/expenses 50/50...in other words, he wants to determine my collision damages and give me 50% of the total assessment. This is where Im confused. If he wants to split liability 50/50...why didnt he just pay 50% of the $300 to replace my driver window? Hasnt he already implicated that he is 100% liable by paying 100% of my window? And what actually demonstrates "GOOD FAITH" on his part?
 
Ask away my man, I am more than happy to help as much as I can. I usually dont get to post until late at night after the kiddies are in bed, so bear with me.
I cannot determine by the photos and what you are telling me any sort of liab. In real life I would take her side of the story into account as well as the actual scene. They are good photos, props for the good documentation. I think that you have a good case from what you have told me.
The adjuster has agreed to pay 50% of all collision damages. He is infact only going to pay for 50% unless you provide compelling evidence to conveince him to pay more. The cost of the window is less than 50%. I am assuming that you have asked for the window to be replaced so you can keep driving the car. What you chose to do with the settlement money is your business. The cost of the window will be included in the final settlement and is in no way an admission of 100% liab.
I am very curious as to all of the reasons he feels that you are neglegent in this accident.
"Good Faith" means that he has ben thorough in his liab investigation, taken the proper steps to detemine liab, properly indemnified each individual on all claims made, and done so within the time restraints and procedures mandated by company policy and local laws. Is he accuratly determining liab? Why not. Did the adjuster determine the value of your vehicle according to your states laws?
 
kevinaz06 said:
Ask away my man, I am more than happy to help as much as I can. I usually dont get to post until late at night after the kiddies are in bed, so bear with me.
I cannot determine by the photos and what you are telling me any sort of liab. In real life I would take her side of the story into account as well as the actual scene. They are good photos, props for the good documentation. I think that you have a good case from what you have told me.
The adjuster has agreed to pay 50% of all collision damages. He is infact only going to pay for 50% unless you provide compelling evidence to conveince him to pay more. The cost of the window is less than 50%. I am assuming that you have asked for the window to be replaced so you can keep driving the car. What you chose to do with the settlement money is your business. The cost of the window will be included in the final settlement and is in no way an admission of 100% liab.
I am very curious as to all of the reasons he feels that you are neglegent in this accident.
"Good Faith" means that he has ben thorough in his liab investigation, taken the proper steps to detemine liab, properly indemnified each individual on all claims made, and done so within the time restraints and procedures mandated by company policy and local laws. Is he accuratly determining liab? Why not. Did the adjuster determine the value of your vehicle according to your states laws?
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Actually the adjuster at first suggested 51% / 49% liability and when I protested, he has since not specified any percentage of liability, in fact, he has asked me to pick a number that I would be comfortable with...I told him zero...His explanation for why he feels that there is shared negligence here is...the roads are narrow, poorly maintained and it was just an accident that wasnt really anyones fault. I disagreed with him because the police report says that she was driving too fast for conditions (the road was snowy, and icy, the gal was talking on her cell phone and I did everything possible to try and keep the accident from happening....as far as good faith is concerned..my guess is ...since his office is 5 hours from my home, he has not done a thorough investigation...I think he merely read my statement of events and her statement of events and the police report and came to his own conclusion that would benefit his company...understandably so, I understand that that is his job to handle things in this manner. You said that you cant determine by my photos any liability...doesnt the point that the debris from the accident hint at the point of impact? If you look closely at the pictures..you can see a black chunk laying in the snow, that WAS my side mirror...side view of my truck also shows broken glass laying in the snow very near the edge of the road suggesting that she collided with me on my side of the road...yes?

Thanks for your determination here, I truly appreciate it
Forever appreciative of your help,
Gina
 
kevinaz06 said:
Ask away my man, I am more than happy to help as much as I can. I usually dont get to post until late at night after the kiddies are in bed, so bear with me.
I cannot determine by the photos and what you are telling me any sort of liab. In real life I would take her side of the story into account as well as the actual scene. They are good photos, props for the good documentation. I think that you have a good case from what you have told me.
The adjuster has agreed to pay 50% of all collision damages. He is infact only going to pay for 50% unless you provide compelling evidence to conveince him to pay more. The cost of the window is less than 50%. I am assuming that you have asked for the window to be replaced so you can keep driving the car. What you chose to do with the settlement money is your business. The cost of the window will be included in the final settlement and is in no way an admission of 100% liab.
I am very curious as to all of the reasons he feels that you are neglegent in this accident.
"Good Faith" means that he has ben thorough in his liab investigation, taken the proper steps to detemine liab, properly indemnified each individual on all claims made, and done so within the time restraints and procedures mandated by company policy and local laws. Is he accuratly determining liab? Why not. Did the adjuster determine the value of your vehicle according to your states laws?
Click to expand...

I am posting the URL of the accident diagram that I drew...I hope this helps explain how the accident occurred...Thanks again

http://www.fileden.com/files/2006/7/10/121244/accident diagram.jpg
 
I still have not seen one shred of evidence that you were negligent in any way. Were you accused of speeding? It looks as if you realized that there was a potential for an accident and did the best you could to get out of the way.
I am going to guess at what mabe comming into play. I am assuming that you either dont have insurance, or do not carry collision coverage. The reason I say this is that in your state, if you are 51% at fault, you cannot collect from the other parties insurance co. If he knows that you dont have collision coverage or insurance at all, he knows that your insurance company wont/cant come after him.
Neglegence really isnt a negotiation, it's something that has to be proven, and then assigned a resonable and explainable percentage.
He has not given you (that I have seen) one single piece of evidence that you had a part in this. He cannot assign you any neglegence due to snow, ice, maintanance to the road, those are all contributing factors, but not an explanation as to how you are neglegent.
His job shouldnt be to lessen the cost that his company will have to pay, it should be to properly investigate, protect his insured by properly indemnifying the people he has caused damages to so they dont sue the insured, and to make all of these decisions based upon your states laws.
I would stand firm on the fact that you are not neglegent. If he is not willing to budge, request his decision in writting and let him know that you need that so when you send your formal complaint to DOI, they will have all of the evidence.
I know this is probably frustrating, but it looks as if you vehicle is still driveable, hang in there and play the game.
Oh, sorry to reffer to you as man, I just assumed that you were the person in the photos!
 
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