I was rear ended and the officer never asked me what happened then wrote it was my fault on the report?

Question

This was my first accident, i was hit from behind. The officer never took a statement from me and proceeded to write a report based on what the other driver said. The guy who hit me had no insurance and a suspended license. I asked the officer what I should do while at the scene and I was told to just leave. When I got the accident report it says I was at fault and the statement he wrote makes no sense....saying "i was speeding and cut him off causing him to rear end me".....when in reality i was turning into a gas station and he wasn't paying attention and slammed into me.... I have liability only insurance and he has none, I have tried to speak with the officer who wrote the false report but have gotten nowhere...I am having a hell of a time trying to figure out how to fix the damages to my vehicle which totals to 3,055 $.. I don't have the money to fix the car nor 2000 up front for a lawyer.......Any advice out there will be much appreciated. thank you

Answer 1

depending on the state you're in it's different. In California no matter what the officer says you're automatically at fault if you rear end someone unless there is evidence of very particular circumstances.

The bad part is you don't have full coverage and he's uninsured with a suspended license. You're best course of action is to file a small claims court case against him. You can't have an attorney in small claims court and it doesn't cost a ton of cash, but the dude doesn't pay for insurance so odds are he's not loaded. That might be a waste of time.

I would most certainly talk to the officers superior and submit a formal complaint against him. If he flasified a report as you say he's commited a felony and should be disciplined immediately.

Answer 2

Hmmmm, that is annoying, I know how you feel, car accidents are no fun, even when you're the innocent one. From what you've told us, this happened near a gas station, so I presume there must be some sort of cameras there which should've captured the crash. Best bet would to find any sort of cameras near the area that might have captured the incident. Another thing is how do you know the other driver had a suspended license and no insurance? If the officer took those details down then there should be no problem because in that sense the other driver was driving illegally.



Any proof you can get would be your best bet, so if you can check for any CCTV's near the area that might have caught the crash.



Hope I helped and hope you solve this issue with no problems :)

Answer 3

It makes no difference who the police say is or is not at fault at all. Its all in who the insurance companies say are at fault. So turn this over to your insurance company and let them do their job... that is what you pay them for.

Answer 4

You have to talk to your insurance company. You may have to sue the un-insured driver.