What happens when a person changes their story from what they stated in the police report when talking to their insurance company?

UPDATED: Sep 8, 2011

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What happens when a person changes their story from what they stated in the police report when talking to their insurance company?

I was in an accident recently. I was going straight through an intersection on a green light and the other driver turned left right in front of me. I hit his passenger side. When the police came, he corroborated the story along with a witness (who told the cop that he would tell him what happened but that he wasn’t willing to go to court.) The next day, the other driver changed his story; saying that he had a left turn arrow.

Asked on September 8, 2011 under Accident Law, Georgia


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The information in the police report is what determines the cause of the auto accident and the person who was at fault.  The other driver was at fault for failure to yield.  You should file a claim with his insurance company for the property damage to your vehicle.  If the insurance company denies the claim, your insurance company should resolve the dispute with the other driver's insurance company.  The other driver's insurance company knows that the police report is controlling when determining liability for an auto accident.

If you were injured in the accident, your personal injury claim is separate from your property damage claim.  You should be certain the other driver's insurance company is accepting liability before incurring huge medical bills.  If the other driver's insurance company admits liability, then proceed with your medical treatment.  When you complete your medical treatment and are released by the doctor, obtain the medical bills, medical reports, and documentation of any wage loss.  The personal injury claim you file with the other driver's insurance will consist of these items.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.  If you are dissatisfied with settlement offers from the other driver's insurance, reject the settlement offers and sue the other driver for negligence.  If the case is settled, NO lawsuit is filed.  If the case is NOT settled, you will need to file your lawsuit for negligence against the at-fault driver prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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