Insurance company has denied a claim.

My car was hit by another vehicle. I was turning left facing east to head north. The traffic heading south was stopped and backed up. The south bound

traffic provided a gap to allow me to turn left and head north. A car 3 cars

back passed other cars crossing over and hit me as I was turning left. The

police report stated clearly that the the driver that hit me was at fault. When

talking to the insurance agent of the driver that hit me he said they were

placing equal fault and to repair our own vehicles. How can they ignore the police report findings and determine both drivers at equal fault? I have told them I will dispute. Is this worth fighting?

Asked on August 31, 2016 under Accident Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

They can ignore the police report because the police report is not a binding judicial determination--it's just the police's opinion. It is persuasaive evidence, which will help you if you sue, but it does not itself legally determine fault.
And suing is what you should do. If the other driver appears to be at fault, as this one does, but refuses--and his/her insurer also refuses--to acknoweldge it--you can sue for compensation, such as the cost to repair your car, any medical costs you incurred, any towing or other charges, any lost wages, etc. If you sue and win, you will get a judicial order--a judgment--in your favor, requiring the other side to pay; at point, the other driver and/or their insurer should pay you. The police report, while--as stated--not settling or determinating the matter, will be powerful evidnence in your favor if you sue.
If the damage to car, etc. was fairly light--equally to or less than the maximum limit for small claims court--you should sue in small claims, acting  as your own attorney ("pro se") to save on legal fees. For larger amounts, retain an attorney to sue on your behalf.


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