by Guest » Wed May 04, 2011 04:13 am
I was driving behind a rental truck when it decided to stop in the middle of the road and back up. I honked at him to stop but he didn't stop until he struck the front of my vehicle.
I do have auto insurance but I do not have the collision repair coverage, so I basically have to contact and file a claim with the truck driver's insurance company myself.
The issue is that the truck driver claims that I was the one rear-ended him and I have no police report to prove it. I called the police station (in TX) that responded to the accident and the police officer who was at the scene provided a "call note" or a "post run/call report" stating that the truck driver was at fault for backing when unsafe.
Is this small document with the police officer's remark regarding of who's at fault provides enough evidence for the truck driver's insurer to accept liability to repair my vehicle? The police department said that the reason the usual police report was not file was because in the state of TX, such minor accident does not need a report. I do not know if this call note that logs the police officer's timeline to arrive at the scene and what he called back to his station is sufficient enough to prove that the truck driver filed a false claim and was actually the one at fault.
I do have auto insurance but I do not have the collision repair coverage, so I basically have to contact and file a claim with the truck driver's insurance company myself.
The issue is that the truck driver claims that I was the one rear-ended him and I have no police report to prove it. I called the police station (in TX) that responded to the accident and the police officer who was at the scene provided a "call note" or a "post run/call report" stating that the truck driver was at fault for backing when unsafe.
Is this small document with the police officer's remark regarding of who's at fault provides enough evidence for the truck driver's insurer to accept liability to repair my vehicle? The police department said that the reason the usual police report was not file was because in the state of TX, such minor accident does not need a report. I do not know if this call note that logs the police officer's timeline to arrive at the scene and what he called back to his station is sufficient enough to prove that the truck driver filed a false claim and was actually the one at fault.
Posted: Wed May 04, 2011 05:09 am Post Subject:
If the truck driver is going to state that he was stopped and rear ended then his insurance company will probably deny our claim. The police report is nothing more then your statement. The other person's insurance company will weight your statement and their insureds. If no additional info, they will probably need to take their insured's version and defend him.
Also, why would a truck stop in the middle of the road and start backing up? Is there a reason for this? Most of the time its that someone is not paying attention and rear ends the person in front of them.
Posted: Wed May 04, 2011 05:17 am Post Subject:
well I believe he drove passed the house that he was suppose to pick up the furniture, thus, he back his truck. I do not understand how I can prove that the truck driver is the one at fault when I provided the statement from the police officer on the scene. If the adjuster decided to defend his truck driver regardless of my police document, should I take legal action and sue? The truck driver's claim is as good as mine, but I thought the police report would have more weight on the matter since it's a third party's perspective of the incident.
Posted: Wed May 04, 2011 05:23 am Post Subject:
If the truck as stopped, you stopped right behind him as he started to back up? You could not back up? The odds are not stacked in your favor.
You can sue if you like. Be prepared to prove that the truck driver is at fault.
The police report is simply your statement to the police. Nothing more. How is it a 3rd parties perspective? The police did not see the accident. The police did not know what happened. The police can only state that you gave that info.
Posted: Wed May 04, 2011 05:32 am Post Subject:
No, I did not think that I could back up in time that he hit me. The reason that I'm confuse is because the police officer spoke to both myself and that truck driver before he made the statement. What else can I do to prove that he was actually backing up his truck and I was not the one that rear-ended him?
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