Fender bender, the police report is wrong. What can I do?

Question

I was merging into traffic on the highway. i pulled in front of a semi and he hit me going real slow. As he didn't realize i was there, he continued to push me a short distance until I managed to pull over. When the trooper showed up, I got two sentences out before he blurted out "It's your fault, you were merging. He doesn't have to let you in." Now the trucking company is making a claim for damage, including replacing their radiator which I cant belive happened from this. The copy of the police report shows my vehicle trying to get in to the lane when it was hit, when in fact I was completely in the lane and the damage to my car happened trying to get back out. Do I have any recourse when the police report is wrong yet states I was at fault?

Answer 1

I am afraid I agree it is your fault. Trucks need a lot of space to stop and they are really reminding people of that lately.

The only thing you can do if you want to fight the ticket is go to court prepared. Take photos, make charts. Sometimes if the officer does not show up,  you auomatically win the case (check your state).

Also ask your insurance agency.

Sorry you had this trauma. No fun, for sure.

JJ

Answer 2

Report the claim to your insurance company because he is suing you and your company will defend you.  This is why you buy liability insurance.

Tell your story to your insurance company.  If they feel you are not at fault, it is in their interest to defend you and not to pay the other party.

But from what you describe, sorry, I think the police is correct and you are at fault.

Answer 3

You were merging,  and apparently failed to yield the right of way to the semi.  You are at fault.  I have noticed far too often that the people merging on to the highways think they have the right of way, and the other vehicles usually have to switch lanes to avoid a collision.  The person entering the highway MUST yield even if their is no yield sign.

You report this loss to your insurance company, and they will complete the investigation.  The police report is used as an aid to the investigation, it does not determine liability.  The adjuster will speak with you and the other driver, and they will assess liability.  The comparative negligence rules vary from state to state.  In some states if one party is found just 1% liable, they are barred from any recovery.  Maybe you live in such a state.

Answer 4

your first sentence says you were merging which means you did not have an established lane one of your last sentences say you were in a lane from what you wrote i believe you were in the wrong sry