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HELP: third party subrogation found me at fault, problems with police report

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kthomp66

Junior Member
What is the name of your state (only U.S. law)? OH

Hi all.
January 2016, I was in a minor accident. Both parties were not cited, and no fault was placed due to conflicting stories. Our insurance companies could not make a determination, so a third subrogation office was brought in and found me 70% at fault, which left my insurance to pay out the other party's claim.
Details of accident:
Four way stop sign, both parties agreed there was another vehicle stopped before us. Car was driving North, I was driving South, and the third party, from what the statement says, was driving West. I waited until the first car going North was three quarters into the intersection before proceeding, and did not see the other party's vehicle anywhere. I checked twice both ways before proceeding, went and collided with the other car three quarters into the intersection heading South. My front end was tore up, and an indent of my front end was in the middle of the other party's car.
Police reports were taken. I wrote my own witness statement, but found that the responding officer wrote the other party's. The other party claimed the vehicle that stopped first was in front of me going South as well, and I proceeded without stopping. He claimed to make an evasive move to the left to avoid the accident, but the damages say otherwise.
I was also under the impression the other party was faced North, and turning left to go West, but blew the sign. The would explain where we ended at because there wasn't much sliding at 5-10 mph. If the other party was actually faced West going West, and we swerved left to miss me, why was the middle of his car struck and not the back end or the trunk?
If not previously asked, why was I made to fill out my own accident report, but the other party was not? The accident was very low impact, but the other driver left in an ambulance, still fully coherent.
The accident report has the directions and streets listed wrong. The street I was on was marked East and West, when they actually run North and South, and opposite for the intersecting road.
Our stories conflict, but basically say the say thing flipped. There were no witnesses.
My question is, due to the discrepancies in the report, as well as the accident pictures, is it worth fighting? How expensive would it be? Do the discrepancies even matter? Will the subrogation office be able to change the verdict? I suffered little personal monetary loss because my insurance paid most everything, minus a $50 rental fee. The damages were roughly $9K, though, and a $780 hospital bill, plus $30 in medication.
Is this worth pursing? Any feedback would be wonderful.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? OH

Hi all.
January 2016, I was in a minor accident. Both parties were not cited, and no fault was placed due to conflicting stories. Our insurance companies could not make a determination, so a third subrogation office was brought in and found me 70% at fault, which left my insurance to pay out the other party's claim.
Details of accident:
Four way stop sign, both parties agreed there was another vehicle stopped before us. Car was driving North, I was driving South, and the third party, from what the statement says, was driving West. I waited until the first car going North was three quarters into the intersection before proceeding, and did not see the other party's vehicle anywhere. I checked twice both ways before proceeding, went and collided with the other car three quarters into the intersection heading South. My front end was tore up, and an indent of my front end was in the middle of the other party's car.
Police reports were taken. I wrote my own witness statement, but found that the responding officer wrote the other party's. The other party claimed the vehicle that stopped first was in front of me going South as well, and I proceeded without stopping. He claimed to make an evasive move to the left to avoid the accident, but the damages say otherwise.
I was also under the impression the other party was faced North, and turning left to go West, but blew the sign. The would explain where we ended at because there wasn't much sliding at 5-10 mph. If the other party was actually faced West going West, and we swerved left to miss me, why was the middle of his car struck and not the back end or the trunk?
If not previously asked, why was I made to fill out my own accident report, but the other party was not? The accident was very low impact, but the other driver left in an ambulance, still fully coherent.
The accident report has the directions and streets listed wrong. The street I was on was marked East and West, when they actually run North and South, and opposite for the intersecting road.
Our stories conflict, but basically say the say thing flipped. There were no witnesses.
My question is, due to the discrepancies in the report, as well as the accident pictures, is it worth fighting? How expensive would it be? Do the discrepancies even matter? Will the subrogation office be able to change the verdict? I suffered little personal monetary loss because my insurance paid most everything, minus a $50 rental fee. The damages were roughly $9K, though, and a $780 hospital bill, plus $30 in medication.
Is this worth pursing? Any feedback would be wonderful.
Once you let your insurance pay, you gave THEM the right of subrogation. No, there's nothing you can do.
 

FlyingRon

Senior Member
There are two different issues here. One is whether your insurer assigns fault to you (for the purpose of determining your future rates) and whether they can recover from the other party (which might influence the first, but it might not). All you can do is follow their rules to provide additional information. All but $50 sounds too good to be true if they didn't succeed in the subrogation. Usually you are left with the deductible which is higher.
 

kthomp66

Junior Member
From what insurance told me, my policy wil go up 110 for the six month premium. Our mechanic waived the deductible, so we kept the $500. we have $1000 bodily injury, which covered my hospital visit.
So I'm more or less screwed then? Sorry for the bluntness, but that's what it is. Do the report discrepancies even matter at this point?
 

Zigner

Senior Member, Non-Attorney
From what insurance told me, my policy wil go up 110 for the six month premium. Our mechanic waived the deductible, so we kept the $500. we have $1000 bodily injury, which covered my hospital visit.
So I'm more or less screwed then? Sorry for the bluntness, but that's what it is. Do the report discrepancies even matter at this point?
The insurance companies have already factored in any perceived inaccuracies in the report. Again, you already handed this over to them and it's no longer in your hands. You could try speaking to the higher-ups at the insurance company, but don't count on anything changing, because it sounds to me like a settlement has already been reached.
 

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