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  1. #1
    Join Date
    Dec 2011
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    1

    Default How to Get an Accident Report Amended

    My question involves a traffic accident in the State of: New York

    my vehicle was standing at the airport, there were another two cars had an accident and push one of the vehicle into my car. i was standing behind my vehicle and saw the who scene but because my vehicle was involved so the police did not put me as a witness and did not ask me for statement. i am trying to claim both vehicle's insurance company but one of them only offered 50% (the vehicle who was at fault) and the other one denied my claim because they feel that its not their fault at all. so i spoke to the insurance company who offered 50% and told them its their driver who was at fault because i saw the whole accident, they said the police report did not list me as a witness so they cant take my word. however the police report did say that i was standing behind my vehicle, so the insurance told me to get the report amended to put in my statement but this report is from port authority which i dont know how to get it amended, please help.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: How to Get an Accident Report Amended

    Why? Traffic reports carry little weight.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    73,803

    Default Re: How to Get an Accident Report Amended

    Go to the department that took the report and ask if they'll amend or supplement the report to show you as a witness.

  4. #4
    Join Date
    Sep 2010
    Posts
    9,490

    Default Re: How to Get an Accident Report Amended

    There's no obligation for an insurance company to take anybody's word regardless of what the police report says.

  5. #5
    Join Date
    Nov 2007
    Location
    Northern California
    Posts
    519

    Default Re: How to Get an Accident Report Amended

    Quote Quoting flyingron
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    There's no obligation for an insurance company to take anybody's word regardless of what the police report says.
    You are wrong. A claims adjustor will always listen to the word on their insured 100% of the time. Other than that, they don't have to listen to anyone...even they guy who says he knows where Jimmy Hoffa is...

  6. #6
    Join Date
    Jan 2012
    Posts
    27

    Default Re: How to Get an Accident Report Amended

    I am having a really hard time accepting that his insurance company found him at-fault and he hit a car that was then pushed into a parked and unoccupied car and now they are saying they don't owe for the full damage to the parked and unoccupied car. That seems kind of ridiculous to me. Do you have insurance? Your insurance company should definitely be fighting this battle for you.

    And not all insurance companies take the word of their insured to be the gospel. Good companies will be the first to admit when their insured is at fault.

  7. #7
    Join Date
    Sep 2005
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    73,803

    Default Re: How to Get an Accident Report Amended

    Quote Quoting Klindsey54
    View Post
    I am having a really hard time accepting that his insurance company found him at-fault and he hit a car that was then pushed into a parked and unoccupied car and now they are saying they don't owe for the full damage to the parked and unoccupied car.
    It's pretty typical of insurance companies, actually. They may be taking the position, for example, that the middle parked car was parked improperly (or both of the parked cars were parked improperly), creating a hazard. They may be testing to see if the OP will simply accept a lowball offer because he's desperate.
    Quote Quoting Klindsey54
    And not all insurance companies take the word of their insured to be the gospel.
    I think we're dealing with two different meanings of the term "word". Beyond the statement of their insured, insurance companies don't have to take witness statements when they assess claims, nor do they have to give weight to statements they don't deem credible (by whatever standard they choose to apply). If witness statements are available, or if a claim or potential claim is sufficiently large to justify the cost and effort of taking additional witness statements, a sensible insurance company will build its file.
    Quote Quoting Klindsey54
    Good companies will be the first to admit when their insured is at fault.
    Are those the ones where your claim is processed by Santa Claus and the Easter Bunny? No, wait, they're the ones staffed by ducks and geckos, right? Seriously, within certain parameters it makes sense for insurance companies to concede fault and pay off claims, but there's not an insurance company on the planet that, faced with a significant claim, hasn't obfuscated, delayed, litigated, and otherwise obstructed a claimant's effort to get a fair settlement. Insurance company lawyers even joke about making the plaintiff's lawyers work for their money - they know how the case is going to end.

  8. #8
    Join Date
    Jan 2012
    Posts
    27

    Default Re: How to Get an Accident Report Amended

    That is not typical of insurance companies. If their insured caused an accident that resulted in the damage of a legally parked and unoccupied vehicle, then they should be paying for the claim. The only reason I would say that they wouldn't pay would be if he was illegally parked, but if he was illegally parked then they wouldn't be offering to pay anything.

    Insurance companies DO HAVE to take witness statements if the witness saw the accident. In this case the witness is not a witness, but the claimant and the insurance company should most definitely take their statement, regardless of if they are listed as a "witness" on the police report. Insurance companies HAVE to take statements from all parties involved if they are accepting liability for an accident. They have take statements from all parties involved if they are investigating liability on a claim. There are laws that govern insurance and the way claims are handled. There is no extra cost for taking the statements of the parties involved. It is a recorded statement conducted over the phone by the claims handler, no extra cost, part of their normal work day.

    To be quite honest, a good insurance company does not look for ways to deny claims. It takes a whole lot more work and resources to deny a claim that is rightfully owed, than it does to just take care of it and pay it.

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