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        The Insurance Company is Denying What is on a Police Report

        150 150 Clifford Horwitz

        Question:

        My son and daughter were in a car accident. They were driving straight down a road when a truck taking a left turned out in front of them and my son swerved to avoid hitting the truck head on.

        The other driver was given a ticket for failure to yield to oncoming traffic and the police officer indicated by checking a box that the other driver was inattentive, and now the other driver’s insurance company is denying our claim.

        When a failure to yield right of way ticket is given, isn’t this a strong indication that the person who failed to yield caused the accident?

        I can’t believe that the other guy’s insurance adjuster agreed with me that if her insured hadn’t turned out in front of my son there wouldn’t of been an accident, so how can she deny our claim?

        I am thinking about suing the man who hit my son.

        –Linda, Houston

        Answer:

        Certainly in Illinois, a police report is not admissible into evidence. It is hearsay. Hence, insurance companies don’t bind themselves by it. Insurance companies do bet, however, that you won’t file a lawsuit and go through the multi-year system in order to obtain justice.

        This way they get off cheap in settling cases. If your injury is significant or permanent, file a lawsuit.

        Clifford Horwitz
        AUTHOR

        Clifford Horwitz

        As Principal Partner and lead trial lawyer of Horwitz, Horwitz & Associates, Cliff has devoted his entire career to achieving justice for those who have been victimized by corporate negligence. He has won numerous record-setting jury verdicts and settlements, as well as what was the largest personal injury verdict in Illinois for an individual.

        All stories by: Clifford Horwitz