Error on police report - what are my chances in small claims?

What is the name of your state? New York

We were traveling in a right-hand lane when the man in the left lane made a right turn, hitting the our car on the driver's side. The police came, and it never crossed our mind that we could be partly at fault. The police report, however, says that both cars were using an improper lane. When I spoke to the officer he said that was because our lane was right-turn only, and refused to amend the report.

I obtained pictures and drawings of the intersection and spoke to two Dept. of Transportation officials who say the lane was not right-turn only. The insurance company has refused to pay more than 50% and now I'm trying to decided if I should take the man to small-claims court. The damages are only $1300.

Does it seem that I have a good enough case for small claims? And if I take him to small claims do I risk getting nothing at all? If I call the insurance company and tell them that I am considering taking it to court, is it most likely that they will negotiate or just pull their offer and not even pay 50%?

[MATHJAK107]

in new york police reports can not be used as evidence in court..a police report is all hersay unless the cop saw it happen..telling a cop i did do it carrys no more weight than saying i didnt do it.a police report cant be cross examined either so its not allowed.

[DanXP]

i have a similar scenario only i'm in nj...

will i be able to use a police report in nj?

a truck changed lanes into mine and inflicted $5k in damage to rear driver side door... of course nothing happened to his truck...

now i'm suing him in small claims... will they be able to use the police report since it claims i was 'improperly passing' when i clearly wasn't?

thanks for any advice...

[Rickstick]

" When I spoke to the officer he said that was because our lane was right-turn only, and refused to amend the report."

I am not an Attorney. But, the officer at my sons accident wrote the report wrong also. I took it to the Police Cheif who had me meet with the Expert trained accident Sgt. who looked at the report, re-investigated the evidance and pictures we took at the scene. He then rewrote the report had the officer sign it also, as the Expert has to sign the report also and wanted it to be right and sent a revised report to the State. It can be done I did it. Take your information to the Police Cheif and ask for the help. Just a suggestion of coarse from our experiance. Most regular Officers at the accident have not been trained.