QUESTION
I had an accident where the other ran into me I have a police report which states clearly the other man is in the wrong, the insurance says its 50/50
Asked on Sep 21st, 2011 on Automobile Accidents - New York
More details to this question:
They are telling me the police report don''t count?
they have the right to pay both parties. spilt
the check. So in a court of law a police report means
nothing? So why call the police to get a report?
Please help.
2 ANSWERS
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Unfortunately, where an insurance carrier takes the position that it is 50/50 liability, the only way to collect a sum that reflects a greater percentage(based upon an assessment of damages), is to bring suit. The insurance industry knows that the injured party has only a certain amount of patience to await a trial or protracted litigation; few people pursue matters solely based upon 'principle'.
Gerry Wendrovsky, Esq.
http://www.martindale.com/Gerry-M-Wendrovsky/485563-lawyer.htm?b=Y&opredir=1
http://www.lawyers.com/New-York/New-York/Law-Office-of-Gerry-Wendrovsky-3914135-f.html
Answered on Sep 27th, 2011 at 9:25 AM
A police report is not definitive in terms of determining fault. The insurance company can ignore the officer's findings if they so choose. In a court of law, typically the police officer's opinion about fault is not allowed, as only the factfinder (judge or jury) is allowed to determine this. If the officer believes you are in the right, you should use the facts of the case the officer used to negotiate with the insurance company. You should ask the insurance company how they came up with a 50-50 decision. What do they base it on? If they cannot substantiate that answer, then they would have a problem. The alternative of course is to call an experienced attorney to help you with this matter. Best of luck to you.
Steven A. Schwartz
Attorney/Partner
JOEL H. SCHWARTZ, P.C.
One Washington Mall, 16th floor
Boston, MA 02108
(617) 742-1170
(800) 660-2270
(617) 250-2072 fax
sas@joelhschwartz.com
Answered on Sep 21st, 2011 at 1:36 PM