What happens to your claim if the police report declares the other driver at fault in an accident but the driver challenges the report?

Answer 1

The first thing you need to keep in mind is that the police report does NOT make the determination of liability. The claims adjusters do that. The police report is a useful tool to the adjuster, supplying details that their insured probably cannot provide. However, the focus of the police officer writing an accident report and the adjuster reading it are different. The police officer focuses on the following (and pretty much in this order): 1. Was there a civil traffic code violation by either driver and was it 'citable'? 2. Were there any injuries? Is transport needed? 3. Are all involved vehicles registered, carrying current plates, and free from any violations pertaining to safety and driveability? The adjuster focuses on questions which will enable her to come to a decision on who is 'liable' in the accident. (That can sometimes be BOTH drivers; all states have comparative negligence laws. This means Driver A can be x% at fault, while Driver B is y% At Fault.) She will focus on many questions, such as the following (and sometimes, others not included here): 1. Who had the "last clear chance" to avoid the accident? 2. Did Driver X do what a reasonable person would have done in the same circumstances? 3. Where are the damages on both of the vehicles? There are likely several other questions, dependent on the accident details/description. Additionally, with the involvement of injuries, additional questions come into play. But the police report should NEVER ever be the basis for a liability decision by a claim adjuster. If you think this happened to you, ask for a full written explanation of his liablity decision.