What to do if I was in a moter vehicle accident and now my automobile insurer is finding me liable largely based on a false police report?

I have met with the officer to correct the report however the inaccurate one is still on file. My insurance insists that they are going to file with the police report they have regardless of the inaccuracies because “that’s what they have, and no one is going to see it”. I’m very concerned, as is my passenger. There are so many inaccuracies I don’t know where to begin. My insurance seems unwilling to work with me and the officer is not following through. Can a lawyer help me get this straightened out?

Asked on February 5, 2013 under Accident Law, New Mexico


Mark Caruso / Caruso Law Offices, PC

Answered 7 years ago | Contributor

You should immediately go to the local police department and file an amended report.  Your amended report will become part of the official police report record.  Get a stamped copy of the amended report and make sure that the police report case number matches the same number on the original.  Then send it to your insurance adjuster.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You will now need your own attorney to sue the insurance company, the other driver, other driver's insurance company and file a consumer complaint with your state's insurance department for bad faith coverage and fraud by your insurance company.  It happens all the time and the bottom line is that you need to protect your rights here. The police officer should be deposed sooner rather than later and make sure your lawyer finds out why a false police report was filed in the first place.

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