How can an insurance company even question a claim if there is a police report?
Question Details:
I was in an auto accident while taking a protected left turn with a green arrow. The other driver, while talking on her cell phone, ran her red light and struck me. My insurance company concluded their investigation and found the other driver to be at fault. I have a copy of the police report, that states the other driver to be at fault. After a month of my phone calls not being returned, I received a letter in the mail. The letter states that the police office didn't file the name of the witness he spoke to, so now it is my word against hers. They are willing to only pay 50% of my loss and 50% of my storage fees up to a certain date (which has all ready passed). The letter states that this offer will be withdrawn, if not accepted, in one day. I do not agree and need some legal advise.
Did you have your auto accident issue handled by an attorney? Feel free to call to discuss. Richard D. Weaver Attorney At Law The Weaver Law Firm 1800 Bering Drive Suite 305 Houston, Texas 77057 Phone: 713-572-4900 Fax: 713-626-9708 www.WeaverLawyers.com
It can be questioned because the police report is 1) not a trial determination to begin with--it's just the opinion of one or more police officers; and (2) the police officer(s) do not speak for the insurance company. Certainly, the report is good evidenece in your favor, but it doesn't settle the matter.
Also, if the insurer believes that you contributed to the accident--e.g. you were not careful enough--it has grounds to reduce your compensation. Finally, if you violated terms of the policy in any way, that could also provide grounds for reducing or eliminating compensation.
So the short answer is, a police report does not determine who would have to pay in a civil lawsuit or what an insurer must pay, though it is useful. You could try to dispute the insurer's findings and sue them for more compensation, but must weight what you hope to get in extra funds versus the cost (e.g. a lawyer) of doing so.
