Will the insurance companydo an investigation if the police already stated who’s at fault?

State law says U turns are legal as long as they don’t cause an accident. My husband turned on his blinker and made a U turn. The truck behind him tried passing in the middle of our U turn and we collided. He stated he was going 25 in the 25 but I’m sure he was more with the damage he caused. We were going about 3 mph since we were turning. Our car is practically totaled and he’s only got 1 flat and a dent. Is there any hope that insurance will say we’re not at fault since he was passing unsafely while speeding or do they just take the police report? Who makes the claim?

Asked on July 25, 2010 under Accident Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A police report is the easiest was for an insurance company to get a idea as to the alleged facts surrounding the accident.  But unless the police officer witnessed the accident him or herself, it is a "he said/ she said" document and additional investigation is likely.  Insurance companies have an obligation to learn what happened through witnesses listed and to try and fid out the law in your area.  But just because they should does not mean they will or can.  It may be a good idea for you to get a copy of the law as you state it is and send it to your claims adjuster.  It is, though, how that law is interpreted that will matter here and if the acts of the truck driver will be taken in to account and how they will be weighed.  That may be too much for an insurance adjuster to do him or herself.  You may need to have the issue resolved in court.  If your insurance company denies coverage then that is where you will be anyway suing for the damages. Seek legal help. Good luck.


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