Incorrect police report

[tommi]

What is the name of your state?TX

I was hit by a Wal-Mart employee as she was leaving work in the Wal-Mart parking lot. The store called the police. A trainee policeman filled out the report. He talked to each of us and then wrote his own version of the accident. He said I failed to yield right of way, when, in fact, the other person had pulled into the left lane on a two-way lane in front of the store. She was apparently trying to move over into the correct lane when she struck my car just above the front tire well. There are scratches (about 12 inches long) leading up to the impact where the front corner of her fender hit me. The police report says I pulled out of a row of cars in front of her.

I tried for 2 months to get the policeman to answer my calls. Finally, I stopped by and talked to his supervisor who made him call. Of course, he refused to even consider the fact that he might be wrong.

Unfortunately, we both have the same insurance company. They say they had 3 arbitrators examine the evidence, when, I believe, they just read the police report. I have tried to get them to re-examine the pictures, but they basically say that the police report says all that needs to be said and that the pictures support his report. I never moved my car before he came, but he drew it coming down the aisle of cars and pulling out in front of her. I was fully in the thoroughfare in front of the store when the person whipped around from the back of the store and hit me (hard enough that it moved my car several inches and she had just passed a yellow-striped pedestrian crossing zone).

[CdwJava]

Insurance companies determine fault in a manner unrelated to the fault determined under the law by the police report. Violations of the vehicle code do not hold the same weight with the insurance adjusters as with the police departments and criminal justice system.

If you were not charged with an offense that you have to answer for in court, rest assured that the police report will be taken with a grain of salt by the insurance company.

Mostly, they get the names of the involved parties and the initial statements and vehicles. The conclusions are usually ignored for the most part.

Why we even take collision reports is beyond me.

- Carl

[tommi]

They basically said they based their conclusion of fault on the police report. No, I am not being taken to court, but I do not want to pay the deductible and the higher rates on an accident that was not my fault. I really wish Wal-Mart would have stayed out of it unless they have some responsibility for employees that are still on the property. If they had not called the police, my insurance would not have such a hard time understanding the accident and would be forced to look closer at the facts.