• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

does a police report opinion determine liability?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

confusedinevada

Junior Member
What is the name of your state? Nevada

I was in a car accident 2/6/08. The other gal was driving too fast on icy road while on cell phone. I saw her coming and drove off the road into a snowbank. Unfortunately, she slammed on her brakes and slid onto my side of the road and slammed my driver/passenger door. The police report says the accident was caused by the other driver driving too fast for road conditions. BUT the police report also says that the road conditions "greatly" contributed to the accident being that the road was icy. The police report also says that there was only about 8 feet clearance for both our cars to pass. No citations were issued and my car was totalled: blue book value of my car is $3900.00.

My question is this. Doesn't the insurance adjuster have to accept the decision in the police report with regard to whom is at fault for the accident? The insurance adjuster wants me to accept 1/2 liability because he says that both parties were trying to occupy the same space at the same time. I explained this is inaccurate (and not in the police report) because I drove completely off the roadway into a snow bank (I have pictures to prove it) in order to allow the other car to pass safely. The accident would have never occurred if the other party was paying attention (she was on her cell phone going about 40 mph on icy roadway) and she would not have gone into a skid if she would not have hit her brakes. She didnt have antilock brakes. When I told the adjuster that the police report said that the other party was at fault, the adjuster tells me that he doesnt always base his decision completely on the info in the police report. Is the adjuster just trying to determine how stupid I might or might not be at this point?

My next question is...can anyone give me a reference on a reputable accident/injury attorney in Reno Nevada?What is the name of your state?
 


CdwJava

Senior Member
My question is this. Doesn't the insurance adjuster have to accept the decision in the police report with regard to whom is at fault for the accident?
No. Insurance companies are NOT bound to accept the decision of the police report. In every state I know of, the police can only assign fault to one party - they cannot divide it by percentages. Insurance companies, on the other hand, are free to break down fault by degrees.

Also, there is a "Find a Lawyer" or the "Post your case" box to the right. This is not specifically a lawyer referral service, so you might have to search for yourself.



- Carl
 

confusedinevada

Junior Member
No. Insurance companies are NOT bound to accept the decision of the police report. In every state I know of, the police can only assign fault to one party - they cannot divide it by percentages. Insurance companies, on the other hand, are free to break down fault by degrees.

Also, there is a "Find a Lawyer" or the "Post your case" box to the right. This is not specifically a lawyer referral service, so you might have to search for yourself.



- Carl
Really? Is the adjuster bound by any liability regulations at all...or can he simply make up rules as he goes that will benefit his company?
 

CdwJava

Senior Member
Really? Is the adjuster bound by any liability regulations at all...or can he simply make up rules as he goes that will benefit his company?
That is something I cannot answer - I do not know. There are a couple of regular posters here that could tell you that. I suspect the answer relates to readily accepted industry standards and state laws (if any) on the issue.

But they do NOT have to agree with the police report.

And, as I said, the police report generally says one party is at fault 100% ... insurance companies don't tend to do that.

- Carl
 

tammy8

Senior Member
Sorry but you failed to maintain control of your vehicle. You hit the snow bank. That part is your fault. She hit your car and that is her fault. Sounds like a you pay for yours and she pays for hers.
 

confusedinevada

Junior Member
Sorry but you failed to maintain control of your vehicle. You hit the snow bank. That part is your fault. She hit your car and that is her fault. Sounds like a you pay for yours and she pays for hers.
yes, I maintained control of my vehicle, I drove into the snow bank intentionally because I saw her coming towards me and tried to allow her ample space to pass me and avoid a collision...if she had NOT hit her brakes, she would have gone past me with no problem...I sustained no damages from driving into the snow, it was only 2-3 ft deep ...my damages are confined to the areas where she hit me.
 

confusedinevada

Junior Member
That is something I cannot answer - I do not know. There are a couple of regular posters here that could tell you that. I suspect the answer relates to readily accepted industry standards and state laws (if any) on the issue.

But they do NOT have to agree with the police report.

And, as I said, the police report generally says one party is at fault 100% ... insurance companies don't tend to do that.

- Carl
okay...thank you so much
 

confusedinevada

Junior Member
one more thing

One more thing I forgot to mention, her adjuster HAS offerred to pay 1/2 of my auto damages stating that they were 1/2 at fault...doesnt this suggest that he knows his insured to be at fault? If he truly thought me to be at fault in any way...wouldnt he simply say what Tammy8 said..."you pay for your own damages and we will pay for our own damages".
 

CdwJava

Senior Member
One more thing I forgot to mention, her adjuster HAS offerred to pay 1/2 of my auto damages stating that they were 1/2 at fault...doesnt this suggest that he knows his insured to be at fault? If he truly thought me to be at fault in any way...wouldnt he simply say what Tammy8 said..."you pay for your own damages and we will pay for our own damages".
There could be any number of reasons why they might agree to something - expediency, a sense of guilt, perhaps an understanding they were wrong, who knows?

However, this is up to your company and the other one. Just let your company take care of the matter.

- Carl
 

confusedinevada

Junior Member
There could be any number of reasons why they might agree to something - expediency, a sense of guilt, perhaps an understanding they were wrong, who knows?

However, this is up to your company and the other one. Just let your company take care of the matter.

- Carl
I wish I could hand it over to my insurance company, unfortunately, I only had liability coverage on my car...when I reported the accident to my insurance company, they told me I was on my own...they only represent their customers if full coverage is maintained on the vehicle.:(
 

ecmst12

Senior Member
I do not believe you were at fault at all. You were trying to avoid being hit by the other car and drove AWAY from her. She failed to maintain control and hit you.

Insurance adjusters determine fault based on the rules of the road - governed mostly by state law. We evaluate the facts of the case based on all the evidence - statements from the drivers and witnesses, and to some degree, the police report. The officer, however, usually did NOT witness the accident and can ONLY go by what he is told. Police reports are wrong all the time. I've seen 2 in the past week.

Next question - what did YOUR insurance company tell you they determined about liability?
 

CdwJava

Senior Member
We evaluate the facts of the case based on all the evidence - statements from the drivers and witnesses, and to some degree, the police report. The officer, however, usually did NOT witness the accident and can ONLY go by what he is told. Police reports are wrong all the time. I've seen 2 in the past week.
So ... how do adjusters investigate them to come to the RIGHT conclusion? By using the wayback machine? :confused:

I will concede that some of the reports may come to improper conclusions due to incomplete information, but absent a huge forensic workup and reconstruction by the insurance company, I can't see where the adjuster's opinion is any more valid than the officer's - especially since the officer tends to be the one at the scene and can evaluate the physical evidence. We don't get the sterilized and modified self-serving replies carefully crafted later on - we tend to get the emotional utterances and details at the scene. Is it perfect? No. But, it's information not available to the adjuster.

Admittedly we don't spend a lot of time on these as they tend to be civil matters completely unrelated to law enforcement, but I just don't see that the "police reports are wrong all the time". I suppose that since there are always dueling claims by parties in a civil suit as part of a collision that the same generality can be made about the adjuster's opinion as well.

Opinions vary ... but to say that these reports are "wrong" because of a differing opinion based upon additional information or experience is, in my opinion, disingenuous.


- Carl
 

confusedinevada

Junior Member
Next question - what did YOUR insurance company tell you they determined about liability?
I reported the accident to my insurance company and since I only have liability coverage, they told me I was on my own. There were no witnesses...so its her word against mine...the only evidence in my favor is the location of my vehicle (stuck in 2 feet of snow on my side of the road) the location of the debris where she hit me...and the location of her vehicle...after she hit me she came to rest directly behind me in the snow bank.
 

CdwJava

Senior Member
I'm wondering if they this as largely your fault if most of the damage was due to your running into the snowbank BEFORE she struck you. After all, you state she came into your lane AFTER you went off the road. If the majority of damage was caused on impact, that might not hold.

However, her company will - of course - try to mitigate her responsibility. Depending on the value, and depending on whether you can get your insurer involved, you might want to consult an attorney.

- Carl
 

ecmst12

Senior Member
OP, you can sue the driver that hit you in small claims court and hope the judge agrees with you. I do. Your insurance company is still supposed to investigate and make a liability determination in case the other driver makes a claim against your policy.

Carl, it all depends on how carefully the officer investigates. One of the ones I dealt with recently, the officer did not even interview my insured, because he spoke spanish and the officer did not. So the officer never heard his version of events. Fortunately, the physical evidence backed up my driver's statement and allowed us to come to the proper conclusions.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top