What to do if I was in an accident and in the police report it states the other driver was at fault but their insurer is refusing to pay for my damages?

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What to do if I was in an accident and in the police report it states the other driver was at fault but their insurer is refusing to pay for my damages?

I was in an auto accident and the other driver was at fault. There was a police report done and it states the other driver was at fault. No his insurance doesn’t want to pay for my damages. And they are now sending me a letters saying I owe them money. What should I do? How can his insurance just disregard the police report and turn the tabels making it my fault? And what should I do about them saying that I owe them? So what now I have to pay them for thier damages when it wasn’t my fault?

Asked on April 21, 2012 under Accident Law, California

Answers:

Robert Johnston / Law Office of Robert J. Johnston Attorney

Answered 12 years ago | Contributor

You need to take those letters to your own insurance company. That is important. You should also consult with a local negligence attorney who is familiar with your jurisdiction. Police are not always correct when doing a report and they do make mistakes. A police report is merely the police officer's opinion. Apparently the other driver's insurance company disagrees with the report. The one thing you did not say was whether or not you have ever talked with that insurance company. You may need to talk with them, but you should consult with an attorney first.


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