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I was amazed when the judge said she could not read the accident report ....she said accident reports are not permissible for two reasons ....one is that they don’t want jurors being swayed by what on the surface is a creditable source namely the police when they just write and did not see the accident ....the other is you cannot cross examine the report .....so anything in them is only good if a violation was committed by one party
I can state with 100% certainty that accident reports are admissible in both Civil and Criminal court along with the testimony of the officer who prepared it. Perhaps there was a unique circumstance in your case?
OP, I'm firmly in the camp of just letting your insurance company handle the claim for you. You pay them all this money, make them earn it. As stated about it shouldn't effect your driving history, especially with your proof. You can always force arbitration and maintain that you will not accept any percentage of the fault, but it's not going to come to that.
I can state with 100% certainty that accident reports are admissible in both Civil and Criminal court along with the testimony of the officer who prepared it. Perhaps there was a unique circumstance in your case?
OP, I'm firmly in the camp of just letting your insurance company handle the claim for you. You pay them all this money, make them earn it. As stated about it shouldn't effect your driving history, especially with your proof. You can always force arbitration and maintain that you will not accept any percentage of the fault, but it's not going to come to that.
Having lived it first hand I have to disagree .... cops cannot go to court for accidents unless death or serious injury and without them present to cross examine the judge said absolutely not admissible ..... in this case statements made to the officers were recanted ....the judge said anyone is free to change their story ... you got home ,thought about what happened with a clearer head and now remembered things that change what you thought at the scene .
Perfectly acceptable to do .
The officers have to actually witness a violation , like alcohol on ones breath , or a violation based on the car positions when they see it ......merely giving statements to an officer is not admissible.... witness statements given to police would be admissible .
I see no reason to use my insurer at all unless there is a disagreement as to fault .. a payout is a payout in clue if not reimbursed and you run the risk of not getting reimbursed if the insurer does not pursue it ...I can’t agree on all counts
I've been party to a few fender benders in my time. You can do whatever feels right to you. In my experience, I find it best to call the police. Have them write a report. I'm not going to get into the "admissable" argument. If it is admissable, you will need it. If it isn't, it's still a good bargaining chip to show someone changed their story.
More to the point, it's unlikely you will end up in a court case with judge and jury for a fender bender. These things tend to be a negotiation between insurance companies. I can confirm from direct experience that such reports DO carry weight.
MANY years ago I had someone turn out of a parking lot and clip my fender while I was stopped at a red light. Cops were called to write the report. Police spoke to us separately. When they came to me, I learned the other driver made up some wild tale. Claimed I was driving on the wrong side of the road and hit them. It took the cop 15 seconds to see the other guy was lying... and he included that in his report. That report got his insurance company to pay 100% and kept my (a teenager at the time) from a likely insurance hike.
Another thing to keep in mind is that NYS requires an accident report when damage exceeds $1,000. Even a minor fender bender will usually qualify. The police report makes things easier (police report and accident report are two different things). Don't be fooled into "let's not go through insurance" and then neglect to file the report. It ONE person has >$1000 in damage then BOTH drivers are required to file.
When my daughter first started driving, she was in a fender bender on her way to school. Her fault, although there was no damage to the other person's car. They called me from the scene and the other person was being "nice" to suggest we don't go through insurance. No damage to their car, so why bother. A day later they call me to say they changed their mind and already called their insurance company. Turns out they had other scratches and dents on their bumpers. A police report at the scene would have prevented some problems. Fortunately, I found out in time so I was able to file the NYS accident report.
People lie, especially when they see the possibility of free money.
It's true that a cop didn't witness the accident. He/she can still attest to what the participants claim at the time, circumstances at the scene and material facts. A small dent on the police report is not likely to turn into a near-totaled car when the other person calls their insurance company.
Cops no longer have to respond to fender benders with no injuries.
The accident reports are used by the insurers to determine liability as long as both sides agree ...once it goes to court because discrepancies then it is a different story and except for the exceptions in the link above they can’t introduce them
I can state with 100% certainty that accident reports are admissible in both Civil and Criminal court along with the testimony of the officer who prepared it. Perhaps there was a unique circumstance in your case?
yes, if the officer is there he can testify as to the contents of the report. You're not going to see that happen for a fender bender though.
My favorite is when two people completely disagree at the scene as to who is at fault and then don't call the police. They always, always tell me "well we decided to let the insurance work it out". I tell them, there's nothing to work out. I can't tell who's lying.
I handle auto accidents, see this literally at least once a week. I have had people lie through their teeth and insist on it even when presented with dashcam video evidence.
It's a common misconception that your insurer will "handle your claim" against the other carrier (I though I find people expect this less in NY than NC). You can go through own insurer and they will subrogate against the other company, but they won't directly handle your claim against the other company.
Also, NY is a comparative negligence state so unless you are hit in the rear or some other accident that's clearly 100% the fault of one person, expect your recovery to be reduced by the percentage of your negligence. That's one good reason to use your own carrier, then you might only be out a small percentage of your deductible.
I am all good familiar with the process. I worked as a subrogation examiner for GEICO. I have seen claims that our insured was rear ended and the adverse party stated our insured backed into them. What do you do? No witnesses? Driver vs driver 50% each at fault.
I see no problem going through the other company if you are getting what you feel you deserve. If you don’t like what they offer, you have to go through your own company. If it isn’t your fault, you are not penalized any more for going through them. It’s all on the CLU report regardless who’s company you go through.
I am all good familiar with the process. I worked as a subrogation examiner for GEICO. I have seen claims that our insured was rear ended and the adverse party stated our insured backed into them. What do you do? No witnesses? Driver vs driver 50% each at fault.
I see no problem going through the other company if you are getting what you feel you deserve. If you don’t like what they offer, you have to go through your own company. If it isn’t your fault, you are not penalized any more for going through them. It’s all on the CLU report regardless who’s company you go through.
when paid by the other company to you it is not a blemish in clue ..only what your own company pays you is a blemish .
a windshield claim i had finally came off from so many years ago ....,
I called into GEICO Roadside service for a flat tire I had one night in NJ. They said they couldn’t send anyone until early the next morning. I got up and called GEICo to cancel the call because there was an STS tire shop right next to where my DUV was. I got the tire and as I had my car jacked up and replacing the tire, the guy shows up from Roadside repair. He just left since I was already finished.
Flash forward 4 years when I called Farmers insurance for a quote after GEiCO had gone up so high it was ridiculous. The girl says, oh you had a claim in 2014 in NJ. I said that I called for GEIVO roadside service and it took them half a day to get there but I canceled the call because I took care of it myself. She said, well, it was still reported and still on my record. I assume it had to be my Clue report. Where else would she see that?
I called into GEICO Roadside service for a flat tire I had one night in NJ. They said they couldn’t send anyone until early the next morning. I got up and called GEICo to cancel the call because there was an STS tire shop right next to where my DUV was. I got the tire and as I had my car jacked up and replacing the tire, the guy shows up from Roadside repair. He just left since I was already finished.
Flash forward 4 years when I called Farmers insurance for a quote after GEiCO had gone up so high it was ridiculous. The girl says, oh you had a claim in 2014 in NJ. I said that I called for GEIVO roadside service and it took them half a day to get there but I canceled the call because I took care of it myself. She said, well, it was still reported and still on my record. I assume it had to be my Clue report. Where else would she see that?
Yes that was clue ...insurance companies may report road side assistance as a claim .....ask them before you take it if they report it
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