Is it legal for a car insurance company to decide who is at fault, when the police reports says differently???

Question

I was in a car accident where i was going northbound and the other driver was headed southeast (in left turn lane), she was stopped at the light as I approached. I had a green light and she had a green yield on left. She tried to punch it and make it before I did, or didn't know the differnce between a yield and an arrow...She failed to yield to me so I hit her. Her insurance denied my claim stating that it is my word against her; she said she had a green arrow. The police reports states she was at fault for failing to yield, yet her insurance company states it doesn't matter what the police report says, it is the insurance company to decide who is at fault. Is it legal for them to decide, especially in their own best interest, when the actual police reports states it was HER fault? How can I fight this?!

I broke my leg in the accident, had to have surgery on it and other minor injuries, so I am left with a HUGE hospital bill! Besides having to miss a month of work, many doctor appointments and med's...etc.

Answer 1

Get a lawyer and let the lawyer communicate with them.

Answer 2

no they cant  do that its the police office call and it would have to got to court to be change  you need witness and all kinds of c**p, sounds like a inside job to me  

Answer 3

of course it is 100% legal !!!!

you can always sue in civil court to dispute it.

The police report is JUST the police's opinion as is the insurance company's.  Only a COURT can make a legal decision.  The people above are wrong, the police report is just another piece of paper with no legal standing.

Insurance companies are much better than a police officer in  accident investigation.  They have the full time experts.

Answer 4

How do those light work? If she gets a green arrow at the same time as you having a green light, doesn't it means that she *may* go but you still have right to go first? If you smack into a car that's cutting you up and you hit the car's right side meaning the car was coming from your left then the car is at fault.

It is my understanding that someone coming from your left does not have right to go but you have. You hit her on her right side meaning she had you coming from her right so she is at fault.

Right to go is always given to vehicles coming from your right.

The only exception to this is at a roundabout. Well, at least in Europe it is.

I also think the police's report will have more standing than the insurance people's, because the police have nothing to gain from this accident (they are neutral to it) while her insurance has everything to gain from it. (they are saving a BUNCH)

So I would see a lawyer specialized in road accidents and see what they say.

These people http://locate-lawyer.info/ will listen to it and decide if it is worth fighting it and they'll do it for free, online.

Good luck.

PS it isn't true that only a court can make a legal decision, there are thousands of cases where the police say you were speeding, dangerous driving, badmouthing, whatever and you just get convicted and that is it.

Answer 5

Get a lawyer and take them to court.

Try to find a good one not neccessarily one of those ambulance chasers.

Answer 6

NO

It may you were both insured by the same carrier.

This happens more then you think. You will need a  lawyer for both the carrier and the other driver.

Since their is a law that limits your civil actions -  good luck.

Answer 7

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Answer 8

It must be nice to live in a place without no-fault insurance or a requirement to be insured.

The insurance company's investigator's report says their client was not at fault.  That is their job - save the insurance company money.  Get a lawyer and file a claim if you believ you can win.