What are my options in a car accident if the other driver created an false police report?

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What are my options in a car accident if the other driver created an false police report?

I was in an auto accident. I slid to at a 90 degree angle coming to a stop on some ice. The woman behind me was going very fast and hit me on the driver’s side. i was then was sent into a ditch and wedged between 2trees on someone’s property. I have limited tort insurance. However she provided false information to the police, creating a false report (she said we were going in opposite directions, and that I hit her). The cop never spoke to me at the scene or at the hospital. What are my options here?

Asked on December 29, 2010 under Accident Law, Pennsylvania

Answers:

Joyce Sweinberg / Joyce J. Sweinberg

Answered 10 years ago | Contributor

This is not a situation which you should just allow to sit. You do not want the police report to remain without your statement as to what happened.  Also, if she hit you, you have a case against her and not the other way around.  While you have limited tort, there are some exceptions to its application which you would want to explore with an attorney.  This link on my website provides the most common exceptions:  http://www.jjsassoc.net/Auto_Insurance/Full_tort1.htm   You should have reported this by now to your insurance company and given them your statement so that they can dispute her allegations as to the cause of the accident.  You should also have photographs of the damage to the car.  If you have any questions, do not hesitate to ask me.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First, if you haven't already, report the matter to your insurer--not only will they presumably provide representation (i.e. a lawyer) and indemnification (i.e. payment), at least up to the limits of your policy, but if you don't tell them, you may be waiving their coverage.

Second and more broadly--you need to gather your evidence that the event did not occur as the woman says it did. You should contact the police and explain that you believe the information in the report is false--they may at least amend the report to include your side as well. You need to make sure, if you sued, you have an attorney (so if for some reason, your insurer doesn't provide one, get your own). Consider whether you should sue her for the damage she did to your car (an attorney can help you consider this). And discuss with your attorney whether there is any ground to possibly press charges for her lying on the report (especially if you have evidence of her lie).


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