Can a driver’s insurer refuse to pay a claim even if a police report states that the driver was at fault for an accident?

UPDATED: Jan 27, 2011

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UPDATED: Jan 27, 2011Fact Checked

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Can a driver’s insurer refuse to pay a claim even if a police report states that the driver was at fault for an accident?

A guy ran a red light and caused my son to hit him, the police report even states my son had the green light and it is the other guy’s fault. However, this guy decided to tell his insurance company that it wasn’t his fault, after he already told police that he did run the red light. So now his insurer has decided that it doesn’t matter what the police report says, they are not paying for my son’s car to be fixed. How can they do this? I’ve never heard such a thing.

Asked on January 27, 2011 under Accident Law, Indiana


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

Answered 12 years ago | Contributor

Yes, insurance companies do it all the time.  What you are going to have to do is to sue the other driver for the damages that were incurred, or put a claim in under your own insurance *if you have collision coverage) and have your insurance company subrogate the claim against the other company. Be aware, though, that police reports create certain evidentiary problems at times.  In other words, they are not admissible to prove certain things during a trial.  It may be best for you to try your insurance company first and then t consult with an attorney in your area on the property damage issue.  Consultation should be free.  Good luck.

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