imjkee said:
My brother-in-law was involved in an accident. He does not have collision on his car. The other person hit him and was at fault. The police report states that it was the other driver's fault. Now the other driver's insurance company (United Services Automobile Assocation, located in Texas) claims that it was not his fault and they will not pay. Since the police report does state that it was the other driver's fault, are they required to pay for the damages (accident occurred in New York)? Thanks.
My response:
Since the officer was not a percipient witness to the accident, his opinion is merely hearsay, which is based upon statements made by others at the scene, and whatever physical evidence there may have been; e.g., skid marks, debris, etc.
All because an officer of the law "opines" that one person is at fault, does not necessarily mean that that conclusion is set in granite. Ultimately, liability and damages are for a judge or jury to decide.
The other driver has a right to defend against the action, and the conclusions of fault. Until a judge or jury says otherwise, the insurance company does not have to pay anything.
IAAL
