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What to do when police report is wrong

Customer Question
How can I "fight" Insurance...
How can I "fight" Insurance Company and the hevily erroneous Police Report in the following case? I, D1, was in a two car accident, no severe injuries, both cars totaled, no wittnesses. Her word aganst mine, plus a police report, full of mistakes, eg. D2: "complaint of pain to head, due to airbag deployment". Fact: Air bag did not deploy at all-I have a photo ! Cause ot the accident:"D1(that is I) failed to stop for red arrow signal".The fact is:I was stopped at the red lights, on the #2 left turn lane behind other cars in a large intersection with 5 lights: 2 left turns, 2 straight,1 right turn waiting the lights turn green. When they all changed, I started to make slowly the turn, behind other cars, being in about 45 degree angle, when C2 came from the right on the #2 straight lane with conciderable speed, and collided to my car''s front left side corner with her front left side corner.I am 100% sure I didn''t go through a red light, absolutely sure. Please advice !
Submitted: 9 years ago.Category: Legal
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Answered in 3 hours by:
3/30/2008
Lawyer: rvlaw, Lawyer (JD) replied 9 years ago
rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8,386
Experience: NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Verified

Hi,

You can go to the police station and file a report that contradicts what the officer put in his report. At least you will be on record especially since it is her word against yours. If there is a lawsuit at least you would have filed your version. Otherwise you would be cross examined about what would appear to be an 11th hour "story" to get out from under.

Rich

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Customer reply replied 9 years ago
Reply to rvlaw's Post: What does "Show Toolbar" mean?
Thank You for your answer. However,what you suggested I have done already.I have met the officer who wrote the report, and his supervisor. I have written a three page addendum to the police report, and sent it to the police and to the Insurance Company, with no avail.
I KNOW I didn't go through the red light.
What is the next step?
Customer
Lawyer: rvlaw, Lawyer (JD) replied 9 years ago

You cannot do anything else but wait and see what develops. I suggest some perspective. You have insurance for this. After 30+ years handling accidnet cases...people lie all the time. It can't be prevented.

Rich

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Customer reply replied 9 years ago
Thank you for your answer.You write "people lie all the time". Are'nt insurance companies there to investigate what and how everything happened? Are you suggesting that police lie also? What about the police report full of mistakes?Isn't one of my e.g.s in March 30th Question clear evidence that the report is faulty? What is the 11th hour "story"?
Customer
Lawyer: rvlaw, Lawyer (JD) replied 9 years ago

Yes even police lie. Insurance companies investigate and often they are faced with 2 different versions of the same event. One version is a lie..but the insurance company can only make its own judgment which is the accurate one based on other evidence in a case...if there is other evidence. If not, even the insurance company is left with the dilemma,,,and often cases go to trial so a jury can decide who is telling the truth.

And sometimes it's not a question of lie vs truth. People have different vantage points in witnessing events...have things on their mind...are not as observant generally as others, etc.

11th hour story = if the version of the police report is the only one on record and you tell a different one at trial for the first time....it is not as credible than if you filed your version right away and then repeated that version at trial. You would not look like you were coming up with a new version at the last minute or at the 11th hour.

Rich

 

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Customer reply replied 9 years ago
Thank you for a your answer! The records I have created are: 1) informing insurance company right after the accident what had happened. The information given then is the same as in the all the following records, with more information added when the erroneus police report came, after the pictures of the two totaled cars were taken etc. 2) a letter to the officer and his superwiser, who wrote the report,(no answer from them of course). 3) an addendum - 3 pages - to the police report. 4) 9 pictures of the cars.
5) diagram of the functioning traffic lights in the intersection where the accident happened, created with the help of the City Transportation Engineer. No changes, no lies, everything in congruency.

I appreciate your answer to the 11th hour story, but as you see in my March 31st reply, I had already records, which are now expanded in this reply.

You suggested "some perspective". I cannot accept being falsely in the record as a recless driver with the violation of CVC Section 21453(c), it is very serious. What if this happens another time: another car hits my car again, and the the ultimate result is the same? What kind of recless driver am I then, or is that the end of my driving ? I am trying to protect myself !

I cannot "wait and see what happens" as you suggested. Since I don't have any councel here, I am asking you, how does one get to the trial face?

Will there be a great problem when the both parties are insured by the same company?

Please just asume or know: a person is not a lier, and has the facts right. What advise would you give that person in the similar case?

Thank you, XXXXXCustomer
Lawyer: rvlaw, Lawyer (JD) replied 9 years ago

I appreciate your frustration, but you cannot change what the police report says other than what you have done to correct it. You simply have no alternative. You cannot worry about what could happen "another time". That is irrelevant to this case.

You can only wait and see. You cannot take any other action. If you could I would tell you. No problem with same insurance company involved...happens frequently and is irrelevant to this issues at hand.

If you cannot accept my answers, I cannot help that. You have the right not to accept and pay. I have done all I can for you. Good luck.

Rich

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Customer reply replied 9 years ago
Reply to rvlaw's Post: Thank you for your answer. One more question, then I will ACCEPT. Can you recommend some literature or website where a LAY PERSON person can get information about the proceedings involving trial and other related issues,please!

Thank you, Customer
Lawyer: rvlaw, Lawyer (JD) replied 9 years ago
rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8,386
Experience: NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
Verified
rvlaw and 87 other Legal Specialists are ready to help you
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Customer reply replied 9 years ago
Mr. Rich,
Thank you for your serious effort! I don't have time to go to those sites, but wonder why "criminal?"Customer
Lawyer: rvlaw, Lawyer (JD) replied 9 years ago

I thought because of the violation, I'll get civil.

Rich

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Customer reply replied 9 years ago
Thank you Rich,
I don't understand your answer:"I thought because of the violation, I'll get civil".
Thank you, Customer
Lawyer: rvlaw, Lawyer (JD) replied 9 years ago

It is civil in the sense that there would be a civil lawsuit from the accident. Can't find a manual for civil trials but the criminal is comparable.

Rich

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Customer reply replied 9 years ago
Thank You ! Customer
Ask rvlaw Your Own Question
rvlaw
rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8,386
8,386 Satisfied Customers
Experience: NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.

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