Can Insurance reject Police Report?

Ok let me try this again. I guess my real question is....

If the police (after doing their study of accident scene) Stated other party was at fault (because he hit brakes, went into spin and hit me as I was pulling away) and issued him 2 tickets and said no other CRIMINAL action against 'at fault' party would be taken.

Can the insurance company still turn around and claim the accident was the result of an 'intentional' action because he originally sped up to 40 mph on a 45 mph road as I was trying to pass him? And when interviewed by the police.. at fault driver admitted to speeding up to 40 mph and gave the reason as "I don't know why I did it"

Can the insurance company say the accident was INTENTIONAL and they don't have to pay anything... In light of the police dept (after interviewing at fault party/and measuring skid marks) say it was an ACCIDENT? In other words can they (ALLSTATE) over ride a police report? and if they do....what is my recourse for over 75k in medical bills alone?

Any help would be appreciated...this is driving me crazy...along with all my pain and change of life as I once knew it. THANX!

[JETX]

It is pretty unusual for an insurance company to disregard a police report as to cause of accident, but not unheard of.

The insurance company has every right to their own investigation as to the causes of an accident and to act upon the results of THEIR investigation. Part of this is because witnesses will sometimes tell a different story to the police (fear of police, fear of fault, whatever) than they will to an 'insurance investigator'.

In any case, it sounds like this has grown beyond a 'laypersons' ability and I would suggest you start talking with an experienced Personal Injury attorney in your area.

[Juan Rodriguez]

Unless the police officer witnessed the accident the insurance company will only use it to determine coverage and assist in determening liability.

From what you write here and in your previous post it looks as if it was an intentional act. I thought IAAL was clear and quite detailed in the first answer you received.

If you want a 4th opinion you should file a complaint against the carrier with your state's Insurance Commissioner. The company will be required to give a detailed explaination of the denial.