Shouldn’t an officer get both sides of an accident?

I am 80 years old and have not had
an accident in 60 years of
driving.While backing out of my
driveway I noticed 3 vehicles at
the stop sign about a half block
away heading in the opposite
direction. Nothing was coming from
either direction, halfway out Bam
The rear of my car was torn up.The
third car decides to back up at a
fast speed,but the report said
that I didn’t yeild. The officer
never talked to me.He took the
word of the other driver who
insisted I just didn’t see her
because I am elderly.Her insurance
found her not accountable. Really
Who backs up from a stop sign
that fast and it was clear when I
backed out.It’s very unfair, how
should I handle this situation?
She lied and her witness lied
also.

Asked on July 1, 2016 under Accident Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Her insurer is not a court--its determination is not legally binding. Rather, the insurer saying that its drive is not at fault is only the insurer saying that they are not going to voluntarily offer to pay you anything. However, you have the right to sue the other driver for compensation (e.g. the cost to repair your car or, if--as you indicate--it is totalled, it's then-current fair market or blue book value). If you can prove, such as through your testimony and the testimony of other witnesses, that the other driver was at fault, you can win the case and recover money from them. Of course, the police report going against you, while not definitive (i.e. it does not automatically mean you will lose) is unfortunate for you; it can and presumably will be used as evidence against you.


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