Insurance Won't Pay Even with Police Report

[jam76]

My question involves a traffic accident in the State of: TN

My husband was sideswiped. He was in the 4 lanes , car was merging into traffic, and slams my husbands car on the drivers side, back door. My husband called the police. The guy admitted to the cop and my husband it was his fault, even told my husband he didn't see him. The cop reported that V1 which was the other guy, stated that he merged into traffic and sideswiped V2-my husband. Now this guy goes home calls his insurance, and then denies he hit him and said it was my husbands fault. I am sure he was coached there. This guys insurance company says they will not pay for the damages to our car, because of conflicting stories. Our insurance said we would have to take him to court. We have liability only, so no help from our ins. company, and they told us that. We plan to take this guy to small claims court. My question(s) .... we are not sure if it is this guy we are to take to court or his insurance company which was faxed the PR and has a copy, or should we contact them or this guy again telling them what the plan is? Another thing, how well is this PR going to hold up? Should we get anything else from the cop who filled the report out? PR also states that vehicles were moved (side of the road) will this hurt in any way? I was told by someone to call this guy and tell him either his insurance was going to pay for it or he will have to himself, either way it would be taken care of. Then that usually followed with the guy calling his insurance and the guy would want to settle instead. As for small claims court, do we have to file in the county the accident happened in , or in our own county, or the county the guy lives in? Will we be able to get lost wages , rental car fees and court fees back?

[kist]

First try calling your state's insurance commissioner an underused but very powerful consumer advocate. They will send you a form, fill the form out and hopefully the commissioner office will investigate, Just knowing the commissioner is investigating can (depending on state) force a radical change in attitude.

[lwpat]

I agree with the above but go ahead and file in small claims. You need to serve him and also mail his insurance company a copy, CRRR. You can subpoena the police officer to court if it goes that far.

[tcope]

You would sue the other driver/owner as the insurance company did not cause your loss. You would need to file in the area where the accident happened. If you were to have the officer show up as a witness, you'd may be responsible for paying a fee. Also, I think you'd be wasting your time as the officer would _only_ testify as to what he wrote in the report anyway. He did not see the accident. Also, anything he wrote in the report about what the other driver states would be hearsay.

[aaron]

Also, anything he wrote in the report about what the other driver states would be hearsay.

A statement by a party opponent admitting fault would typically fall under the hearsay exception set forth in Rule 8.3(1.2) of the Tennessee Rules of Evidence, for admissions of a party opponent.

The following are not excluded by the hearsay rule:

* * *

(1.2) Admission by Party-Opponent. —A statement offered against a party that is (A) the party's own statement in either an individual or a representative capacity, or (B) a statement in which the party has manifested an adoption or belief in its truth, or (C) a statement by a person authorized by the party to make a statement concerning the subject, or (D) a statement by an agent or servant concerning a matter within the scope of the agency or employment made during the existence of the relationship under circumstances qualifying the statement as one against the declarant's interest regardless of declarant's availability, or (E) a statement by a co-conspirator of a party during the course of and in furtherance of the conspiracy, or (F) a statement by a person in privity of estate with the party. An admission is not excluded merely because the statement is in the form of an opinion. Statements admissible under this exception are not conclusive.

That doesn't fully resolve the issue if the only means of introducing the statement is through the officer's report, as the report itself is a hearsay document - for admissibility you have to overcome each layer of hearsay, and it's not enough to show that the statement included within the report is excepted from the hearsay rule. If the plaintiff heard the defendant admit fault, though, or the officer appears in court, the court should allow them to testify about what the defendant said.

Sometimes, in small claims court, the court may be a bit more relaxed about reviewing statements in a police report (but you can't, and really shouldn't, count on that).

[aaron]

I agree with the above but go ahead and file in small claims. You need to serve him and also mail his insurance company a copy, CRRR. You can subpoena the police officer to court if it goes that far.

The plaintiff doesn't have to serve the insurance company, as the insurance company is not a party. I suspect you're suggesting a courtesy copy, such that they're aware that their nonpayment of the claim has resulted in litigation.