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kwendt

Junior Member
What is the name of your state? Texas

A lady crossed a lane of traffic after pulling out of a parking lot and hit my son. I have two witness who saw the entire thing. They were in stop and go morning traffic and he swerved to avoid her and left skid marks where her car pushed him off the side of the road. She hit him with her right front tire in his left front bumper. The lady refused to leave her insurance information and left the scene. Luckily my teenager was smart enough and quick enough to get her plate #. She avoided the phone calls and knocks from the PD for several days before finally agreeing to come in and fill out a report. I went to the PD the next morning to pick up the report it showed my son hitting her in the rear and my son's vehicle as gray, not green. I explained to the officer that this is not how the accident happened and that we now had two witnesses come forward that witnessed the entire thing. We called my son and verified how the accident happened. The officer stated that in addition to leaving the scene, he now hoped he didn't have to file charges against her for falsifying a statement. The police chief called me two days later and said she had came in and after arguing with him finally admitted the accident "might' have happened that way. He said they weren't going to press ANY charges against her because she was ditzy (overworked single parent was his reasoning). I asked if he had interviewed the witnesses and was told that wasn't necessary. When we received the revised accident report, the diagram was correct as far as her hitting my son. However, in the box where the officer can mark his opinion, he marked on my son's vehicle: failure to control speed and faulty evasive action. I was told by the PD that they would NOT change this report as it was a "good report." Now, the insurance company of the lady that hit my son is investigating the case and may put partial blame on my son because of the officer's accident report. #1. The officer did NOT witness the accident. #2. The accident took lace in stop and go morning traffic so he couldn't have even been going the speed limit. #3. We pointed out the skid marks to the officer, but they were not noted on the report. #4. The witnesses were not interviewed. #5. The lady left the scene and falsified a report. We have no collision on my son's car so my insurance will not fight the battle for us. What can I do to either get the report revised to accurately depict how things happened. Or, do I have any leverage with the Krum PD or City to get this recitified. The women should have received several tickets, instead, I am now paying for her accident!
 


kwendt said:
What is the name of your state? Texas

A lady crossed a lane of traffic after pulling out of a parking lot and hit my son. I have two witness who saw the entire thing. They were in stop and go morning traffic and he swerved to avoid her and left skid marks where her car pushed him off the side of the road. She hit him with her right front tire in his left front bumper. The lady refused to leave her insurance information and left the scene. Luckily my teenager was smart enough and quick enough to get her plate #. She avoided the phone calls and knocks from the PD for several days before finally agreeing to come in and fill out a report. I went to the PD the next morning to pick up the report it showed my son hitting her in the rear and my son's vehicle as gray, not green. I explained to the officer that this is not how the accident happened and that we now had two witnesses come forward that witnessed the entire thing. We called my son and verified how the accident happened. The officer stated that in addition to leaving the scene, he now hoped he didn't have to file charges against her for falsifying a statement. The police chief called me two days later and said she had came in and after arguing with him finally admitted the accident "might' have happened that way. He said they weren't going to press ANY charges against her because she was ditzy (overworked single parent was his reasoning). I asked if he had interviewed the witnesses and was told that wasn't necessary. When we received the revised accident report, the diagram was correct as far as her hitting my son. However, in the box where the officer can mark his opinion, he marked on my son's vehicle: failure to control speed and faulty evasive action. I was told by the PD that they would NOT change this report as it was a "good report." Now, the insurance company of the lady that hit my son is investigating the case and may put partial blame on my son because of the officer's accident report. #1. The officer did NOT witness the accident. #2. The accident took lace in stop and go morning traffic so he couldn't have even been going the speed limit. #3. We pointed out the skid marks to the officer, but they were not noted on the report. #4. The witnesses were not interviewed. #5. The lady left the scene and falsified a report. We have no collision on my son's car so my insurance will not fight the battle for us. What can I do to either get the report revised to accurately depict how things happened. Or, do I have any leverage with the Krum PD or City to get this recitified. The women should have received several tickets, instead, I am now paying for her accident!
Where is your son's (or your) insurance in all of this?
 

kwendt

Junior Member
Insurance info

My insurance is with Allstate. I have been in touch with them throughout the entire process but because she was at fault and had insurance they are not involved. I did have uninsured motorists if she had happened to NOT had insurance. There is no collision coverage on this vehicle and she did not have any damage to her car so there has been no reason to involve them. My agent has been wonderful about talking me through everything, but said because I don't have collision on that vehicle they won't be involved.
 

kwendt

Junior Member
No small claims court!

Actually, here is where it pays to be persistant. I was unable to get the police department to revise their inaccurate police report. After talking with my insurance agent, I decided my best course of action was to give the other insurance company all the information I had. Their insured was SURE not going to give it to them! I faxed them a letter explaining what had happened in detail, the name, address and phone numbers of my witnesses and the story not included in the police report (about their insured leaving the scene, avoiding police and falsifying the first report), and very sweetly told them I hoped we could resolve this in a timely matter without having to resort to the courtroom for a decision. I received a call this afternoon that they had never heard from their insured regarding a statement and that given the information presented to them (by me..because remember the accident report had required them to begin an "investigation" as to fault), they had decided to go ahead and pay the claim. IF YOU ARE IN THE RIGHT, EXPLORE ALL YOUR AVENUES AND DON'T GIVE UP!
 
Last edited:
kwendt said:
Actually, here is where it pays to be persistant. I was unable to get the police department to revise their inaccurate police report. After talking with my insurance agent, I decided my best course of action was to give the other insurance company all the information I had. Their insured was SURE not going to give it to them! I faxed them a letter explaining what had happened in detail, the name, address and phone numbers of my witnesses and the story not included in the police report (about their insured leaving the scene, avoiding police and falsifying the first report), and very sweetly told them I hoped we could resolve this in a timely matter without having to resort to the courtroom for a decision. I received a call this afternoon that they had never heard from their insured regarding a statement and that given the information presented to them (by me..because remember the accident report had required them to begin an "investigation" as to fault), they had decided to go ahead and pay the claim. IF YOU ARE IN THE RIGHT, EXPLORE ALL YOUR AVENUES AND DON'T GIVE UP!
That's awesome news, and I'm glad it worked out for you.
 

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