Wrong Police Report/Claim Denied

[rub1987]

What is the name of your state (only U.S. law)? Tx

I was recently involved in an auto accident with someone who ran a red light. I was taken to the hospital immediately following the accident. The very next day I filed a claim with Fred Loya Insurance. They denied my claim based off of what was listed on the police report. Basically it stated that I admitted I ran the red light, it also stated both parties completed a urine anaylsis which we never did and I certainly did not admit i ran the red light. I contacted Austin Police department and was told that it is up to the officer to decide whether or not to change the report, needless to say he didnt. I am now being charged $33,000 in damages to the party that ran the red light. At the time of the accident I had a lapse in coverage so my insurance company cannot help me. I want my car paid for since it was totalled in the accident and to not be responsible for the damages to the other car. Please let me know what I could do.

Thanks!

 

[Zigner]

So, you admitted to running the red light and NOW you want to change your story. It ain't gonna fly man.

 

[rub1987]

So, you admitted to running the red light and NOW you want to change your story. It ain't gonna fly man.

Um no. The police report is wrong, I did not do a UA, I did not admit running a red light, and to top if off the way the officer wrote down who was driving in which direction and in which lane it would have been physically impossible to have our cars damaged in the areas they were. If Fred Loya really went off the police report they would have noticed based off what lane the report says the other party was in I would have had the right of way and there isn't a light on that side....

 

[Zigner]

Ok, throw out the police report. NOW, how are you going to prove your version of events?

 

[rub1987]

Ok, throw out the police report. NOW, how are you going to prove your version of events?

If I knew that I wouldnt be on this forum. LOL No but I dont know where to start. I was the only person in my vehicle at the time and there arent any traffic cameras at the intersection in question. Oh and it has been about 7 months since the accident but I just received a bill from Fred Loya who is trying to subrogate the claim. I have spoken to the claims office and they are saying based off of the report I am admitting fault but since the report has so many discrepencies I dont think it should be considered. I dont know what to do next but I dont have $33,000 for the other car and $10,000 to finish paying the loan i have on mine.

 

[ecmst12]

Wait for them to sue you, then hire a lawyer to defend you. Expect it to cost a lot more then it would have to pay your insurance bill on time, even if you win.

 

[rub1987]

Wait for them to sue you, then hire a lawyer to defend you. Expect it to cost a lot more then it would have to pay your insurance bill on time, even if you win.

But what about the damages to my vehicle? I am responsible to pay my loan but do not have a car....that is the biggest problem of all.

 

[Zigner]

But what about the damages to my vehicle? I am responsible to pay my loan but do not have a car....that is the biggest problem of all.

Your insurance would have covered that...

 

[ecmst12]

So you were not only in violation of state law and common sense, but also your agreement with your leinholder.

I'd say that's a home run of stupidity. You can't prove the other party was at fault so you are responsible to pay your own damages. You didn't have insurance to defend you against their claims, so you will have to pay for your own defense as well. And if you lose the suit, you will also have to pay for the other guy's damages too. I expect you'll be paying for your bad decisions for the next 10-20 years or so.

 

[rub1987]

So you were not only in violation of state law and common sense, but also your agreement with your leinholder.

I'd say that's a home run of stupidity. You can't prove the other party was at fault so you are responsible to pay your own damages. You didn't have insurance to defend you against their claims, so you will have to pay for your own defense as well. And if you lose the suit, you will also have to pay for the other guy's damages too. I expect you'll be paying for your bad decisions for the next 10-20 years or so.

You all are not very helpful! In light of the economy being the way it is I'd think people would understand if I let my policy lapse but I guess not. You know I have participated in quite a few forums and I realize that everyone is so judgemental and critical of people even though they have no idea of the circumstances. It's a shame people aren't compassionate or have any sense not to insult people because they are asking a question. Thanks a lot ecmst, I am sure your old claimants are happy you arent working as an adjuster anymore, you probably put a lot of people in a bind for being such a pain in the ....

 

[ecmst12]

With the economy being the way it is, I'd think you would realize that you can't afford to drive uninsured. And I don't have sympathy for that kind of shortsightedness. If you can't afford insurance, you can't afford to drive at all. It's all about your priorities.

 

[JustAPal00]

OP, plain and simple, there is no excuse for driving without insurance. You risk harming someone else more than you can afford to compensate them. If you hit someone else and did $25,000 damage, how would you pay for it? How would you pay a pedestrians medical bills if you hit them? If you can't afford to pay your insurance, you can't afford to drive! You will get no sympathy or pitty here! What you did was reckless!

Now as to your question of what to do. Give us a description of the accident. Which way were you driving? Which way was the other car driving? Were there any witnesses? Where was the damage to the vehicles? What you are going to need to do is prove that you had the right of way. If you can't prove that the other party ran a red light, try to prove that he is lying.