Insurance fighting police report

A

ashleywhite950

Guest
Jurisdiction
California
CA
I was in a car accident on October 14th. The traffic lights were inoperable and I stopped and waited my turn, before proceeding through the intersection. I was almost through when a woman slammed into me and sent us both spinning. She didn't stop at all. She spun out and damaged public property, and got badly injured, so I wasn't able to get her insurance information. I wasn't injured, but my car was damaged and became inoperable. The police came and made a report, and deemed it her fault, but I wasn't able to get her insurance info until about 2 weeks after the accident. In this time, I had to borrow my Mom's car to get to work that guzzles gas, and it's been a huge inconvenience. I also have severe emotional trauma from the accident, and get very stressed out when I drive now. I called the insurance, and they are trying to fight me that the police report doesn't mean that it was their client's fault. They say it's the police's "assumptions" because there were no witnesses, and that their client wasn't able to give a proper testimony because of her injury and she was going back to talk to the cops and explain her side(which would be lying because the report is accurate.) And if she is found liable they said her insurance limits might already be maxed from the property she damaged, so they might not be able to cover my car. My Mom needs her car back and I'll have no way to get to work soon, so I need this process started quickly, and they seem like they are going to drag it out and over-complicate it. I'm also worried that they're trying to pin the blame on me to get out of paying for all the property damage and her injuries, as well as two totaled cars. Also, I wanted AAA to tow my car after the accident, but the cops had another tow company do it. They promised it wouldn't be stored at the yard, and a AAA member would bring it to my parent's house later. After going back and forth with AAA they end up sending the other tow company to bring it over. I sign for it, and they don't charge me anything. Then I got a lien sale notice in the mail certified by DMV, saying I abandoned my car there and owed 11 days storage. I filed the declaration of opposition and called them, and the lady was rude and didn't believe that I had my car. She finally checked and freaked out that it was gone, and said someone didn't do the paperwork. Is this going to affect my credit now? It's a very confusing, complicated case. Should I seek an attorney? Do I have enough to make a case for this? And what legal rights do I have? Thank you.
 
Your issues are far too complicated for an Internet forum.
Yes, by all means you should talk to several attorneys, then hire the best one for your needs.

One last point, a police report isn't a finding of fault.
Such a finding can only come from a court.
No matter what anyone says, the other party is innocent until proven guilty.
That applies to you, too.
The bigger lesson is always buy full insurance coverage, not just liability with a huge deductible.
 
It's your word against the other party's, as I told you in the other forum.

Did you file a claim with YOUR insurance company?
 
I'll look up some attorney's and speak to them then. I'm very poor, so I was trying to avoid it if possible, but I guess there are no more options. I don't think my car is worth full coverage insurance. I got it for $2,200 in a tow yard, but it still runs well and it's all I have.
And yes I did file a claim with my insurance, but they haven't done much. They determined she was at fault and then have been making me make all the calls and do all the work.
 
I'll look up some attorney's and speak to them then. I'm very poor, so I was trying to avoid it if possible, but I guess there are no more options. I don't think my car is worth full coverage insurance. I got it for $2,200 in a tow yard, but it still runs well and it's all I have.
And yes I did file a claim with my insurance, but they haven't done much. They determined she was at fault and then have been making me make all the calls and do all the work.

That's your problem, mate.
A old car worth about $1,500, no matter what YOU paid for it.
No insurance company is going to do much for you.
Unless you've suffered great medical distress, very few lawyers will show an interest in your plight, either.
You may not like it, but facts are facts.
Unless the other party's insurance shows some compassion, your only option will be to file a small claims lawsuit against the other driver and his/her insurance company.

That's your best, most cost effective play.
 
Back
Top