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Video instructions and help with filling out and completing do insurance companies report accidents to police

Instructions and Help about do insurance companies report accidents to police

The police report says the accent was your fault and you know it wasn't hi my name is nicholas warywoda alone with the law office of parker waichman we tell you a little bit about some of the cases that I've handled where clients have come to me with police reports blaming them for the accident when they know the accident wasn't their fault I represented a woman who was injured in a car accident at an intersection she was driving down the road she tells me she had the green light and when she enters the intersection she's struck by a fire truck that is crossing the intersection police come to the scene and they take statements and client gets the police report a couple of days after the accident and she reads it and the police report is blaming her for the accident the police report is saying that she failed to stop at a red light and she knew that she had the green light so she comes to us and we do an investigation and we can't find any witnesses the only witnesses are the firemen who are in the fire truck so what we do is we do depositions and we go to trial and at trial I question the police officer on the stand and the police officer of course admits he wasn't there and did not see the accident so his version of the accident on the police report is just from what the witnesses have told them now those witnesses were just the firemen because my client was in an ambulance on her way to the hospital when the police came to the scene so she never spoke to the police officers so I started question in the police officer about what was said to him and if you remember the accident of course he didn't remember the accident because it was a couple of years earlier so I began to question him about points of impact and I showed him photographs of the damage to the vehicles to my clients car and to the fire truck and one thing that the police officer failed to see was a scratch the front of the fire truck which would indicate and he admitted on the stand that my client had to have been in the intersection before the fire truck got there and also I asked him questions about the lights and the timing of the lights because we sent an investigator who looked at the lights before the intersection the intersection before and at the intersection of the accident and my investigator was able to obtain documents that showed that those lights are timed on the same sequence meaning if the light is green at the intersection before it's also going to be green at the intersection that my client was entering and with this evidence the jury came back and found that my client was not responsible for the accident

FAQ

I didn't file a police report for a car accident that happened over a month ago, so my insurance company won't pay for damage. A girl I know rear ended me and admitted fault. We thought it was too minor to call the police. What do I do?
Before retiring, I was a claims adjuster for 39 years and worked for many insurance companies.  If you say the accident happened and the other driver says it happened, unless there is an indication of fraud, your insurance company should take your word for it. A standard auto policy requires that you report an accident "as soon as practicable". A month or two is not unreasonable, especially if you assumed that the other party's insurance company would pay for your damage. A police report is generally not required by the policy, and it is not uncommon for police to decline to come to the scene for a very minor impact. I'm assuming that you have collision coverage and that the damage is in excess of your deductible amount. If you do not have collision coverage, then your damage will not be paid by your insurance company. If the damage was less than your deductible, your damage will not be paid by your insurance company. When your  insurance company pays, it has the right to pursue recovery (subrogation) from the at-fault party or her insurance company. You cannot double dip. If your insurance company collects from the at-fault party or insurance company, they will reimburse you the deductible amount. If everything is order and your insurance company still stonewalls you, write a complaint letter to your state's Commissioner of Insurance. The insurance company will then have to justify why they are denying the claim.  [Most insurance companies are highly ethical, but there are a few "non-standard" companies that have questionable practices.]If you did not have collision coverage, or if the damage was less than your deductible, you have another option. First, go to the police department and file a "desk report", then file a "state accident report". The police will tell you how to do that. It's usually a matter of simply filling out a form and mailing to the Department of Motor Vehicles Safety Responsibility Unit. If the girl (or the owner of the car she was driving) has insurance, tell her to report the accident, and then make a claim against her insurance.  (Your deductible is irrelevant if her company is handling the claim.)  If she was uninsured, ask her to personally pay you for the damage.  If she is unable or refuses to pay you, you can file a small claims suit against her. You can do that without a lawyer.  However, if she really does not have any money, she's not going to be able to pay the judgment. She will, however, lose her driving privileges (operator's license and vehicle registration) until the damages are paid or she posts a bond with the state.
A truck for a foundation repair company cracked my windshield on the highway with flying debris. I took a picture of their truck w/ company name and license plate and contacted them, but now they refuse to pay for the damage. What can I do?
My wife and I were driving through a construction zone where they were demolishing a bridge. The trucks were loaded with chunks of concrete. They had the right lane closed for loading the trucks and for them to merge back into traffic. The closed lane was over 1/2 mile long and separated by a concrete barrier. I assume that was for the trucks to get up to speed.I was riding on the passenger side and told my wife to watch out, there was gravel falling out the bottom of the truck. I figured that some gravel was on the running gear of the truck and was falling off. Small stuff. About the time the concrete barrier ended, a rock the size of a softball came shooting out from under the truck and right toward us. It hit directly on the windshield to the far left and glanced off the side. If it had hit dead center, it might have completely taken out the windshield, but it hit closer to the frame. Windshield destroyed. We pulled up and got the truck's license number and name from the side of the truck. I called 911 and they patched me through to the Ohio Highway Patrol. I reported the information and that was it.Later that day a Trooper calls and says they went to the landfill where they trucks were dumping and examined the truck and it had a broken place in the floor of its dump bed. (can’t imagine the DOT fine for that) The Trooper said it was a pretty big hole and was glad that I called it in. Said that the truck had to have been spreading debris all over the highway for a while.I called the trucking company and they knew about the incident. They sounded like they didn’t want to talk to me. I told them I didn’t want anything except for a new windshield. They weren’t easy to deal with and made me buy the windshield and they reimbursed me for it. I thought they should have paid the glass shop directly.
Why do drivers in the U.S. not pull over to the side of the road after a minor car accident like in other developed countries? They tend to leave their vehicles in the middle of the road causing massive tailbacks.
For this reason,I was involved in a fender bender a while ago, I was in the left hand lane doing about 60 Km/h on a highway, the other two lanes were backed up due to traffic bottlenecking in that area.This guy decides to get in my lane, doesn’t shoulder check and just pulls out. I slammed on my breaks but I ended up hitting him, my front passenger side bumper hit his driver side rear at a 22 degree or so angle,This guy gets out, small Asian man with cokebottle thick glasses, looked just like mr magoo he was literally 92 years old, I saw his license. He gets out and starts going off about how I’m going to jail now because I hit him and shit. I was not entertained. Anyways I see traffic has completely stopped so I call the cops, they say just pull off the road if the vehicles are functional. This guy is still beaking me and I’m getting pissed off so I suggest we go right to the police station since it was nearby.We go to the station, as we walk in this guy starts poking me, I lost it at that point, told the officers to get the guy the f away from me. We fill out our statements, mine says my version of events his says, and I quote “I’m driving and he hits me in the back”Cop goes and looks at the damage, says that he has never seen a rear-end accident in which the angles were hit like that, and that my story was the most plausible. He check marks the “sideswipe” section of the police statement (it was the closest representation of the event) and indicates the other guy as the at fault driver.Now I was pretty broke I had just bought that truck, I was working my ass off at work and so proud that I owned a truck less then 5 years old. It was the nicest thing I had ever owned in my life, but I had just gone through an accident in which I was cut off by a guy street racing, and the resulting spin-out broke my rear passenger wheel off at the axle. My insurance had skyrocketed, and at that point I was on limited liabiliy not full coverage (and was still paying 470$/month for that). So the paperwork hits the insurance companies, my insurance company refuses to do a single thing because I have no collision, their insurance throws out the cops recommendation because he wasn’t at the scene and both statements and goes after my insurance for full payment. I tell my insurance company not to pay this asshole a dime.It goes back and forth for months, then I get an offer, they will pay for half my bumper. So I agree. Didn’t know this means I accept fault, but somehow that happened. The second I get my check for half of the cost of fixing my bumper, the dude sues me for lost wages. Claims he hasn’t worked since the accident because his truck is a work truck. Despite 3 years battling in court he took me for roughly 20 grand because I was the “at fault” driver not to mention my legal fees.Now I will take pictures and refuse to leave the scene till a fucking cop comes and fills out a goddamn report. I don’t give a shit if it’s a door ding, I’m never getting phkd like that again.So why don’t they pull over and out of the way? Because you get bent over and turned into a meatpuppet against your will if you try to be the nice guy and get out of everybodies way, there is no value in it.
Does every car accident get reported by the police to insurance companies?
They are most definitely not and they all work on different systems.The police have their own system on which reports are created, the registry agent in your area has one system to keep track of tickets/valid registration (they often share this with the police) and the insurance will have their own industry system, to keep track of claims and etc.Insurance companies can access the other two systems as well, so they are all a bit intertwined.That being said, insurance companies will only get involved if there is a claim made in an accident, by either party. If neither party makes a claim or if it settled by both parties without making a claim, the insurance companies do not care.Hope that helps!
How does an auto insurance claim work?
An auto insurance claim will depend on the type of insurance policy taken by the automobile owner. Process for third party insurance:Third party insurance is mandatory as per law and is a basic vehicle insurance that covers all damages caused due to the fault of the individual driving the vehicle.Filing a third party claim is a long and tedious process. The first part of the process begins with filling of a first information report or FIR with the police station and obtaining a charge sheet for the accident. The case has to be filed with the police station under whose jurisdiction the accident site occurs. Once the police FIR and charge sheet is released, the next step involves filling a case with the Motor Accident Claims Tribunal. Depending on the loss of life, injury or any property damage, third party damages can be claimed. Process for comprehensive car insurance:In case of comprehensive car insurance, A person from the insurance company comes and evaluates the damages before approving or rejecting the claim. If the claim is accepted, the charges involved in repairing will be reimbursed. Process for insurance with service center tie-up:If the repair is undertaken at an authorized service centre with a tie-up with the insurer, one can avail a cashless facilityHopefully the process has been demystified with this answer. In case you want want to know the step-by-step procedure for the claims, do check out - How to claim auto insurance!
Is it compulsory to file a police complaint in order to get recovery from insurance company in case of minor accident, do company need police report?
No.In India a Knock for Knock agreement exists between all General Insurance Companies. As per this agreement in the event of damage to the vehicle each party (Insurer) to this agreement shall bear its own loss within the limits of the policy, except the legal liability which shall be final and each party (Insurer) shall not resort to any recovery against the other party (Insurer) invoking subrogatory right.As such as long as there is no injury to any third party (anyone other than the insured - a passenger in insured vehicle is also a third party) and the loss in the accident pertains to vehicle only each insurer will indemnify (put in same financial condition as he was before the loss) his own insured.As such unless there is a loss to a third party there is no need to lodge a police report to claim own damage insurance from your insurer.