Who's at fault? I am travelling in left lane next to concrete barrier. Out of the corner of my eye I see a car travelling at highway speed perpendicular to the direction of traffic headed right for me. I have no time to react and the car crashes into me which then makes me crash into the concrete barrier. I have my daughter with me and we both go to the ER. Seem pretty clear? Apparently there was another car that crashes into the second car(one that hits me) it then speeds away. The police report comes out and only has the second guys word because he's the only one at the scene. First car speeds away and I'm in the hospital. Police don't even try to interview me. Report is totally incorrect omitting the fact that the second car hits me slamming me into the concrete wall. It is worded ombiguously saying I overcompensate and crash into the wall myself? I think the second guy is lying to somehow protect his *** from my damages. Am trying to contact the reporting officer to tell my side of story.

I'm a liability investigator in NY. I don't know where you are. In my area it is next to impossible to get a Police Report changed/corrected/amended. I always half joke that if the Police write one version of the accident and I show them videos of the accident showing their Report is wrong they won't change it.

Do I have this right? Vehicle #1 hits Vehicle #2. Vehicle #1 then leaves the scene of the accident. Vehicle #2 (at the same time, before or after #1 leaves the scene, it really doesn't matter) swerves or somehow crashes into you in Vehicle #3? Which side of your vehicle hit the barrier, driver or passenger? Which side of your vehicle was struck by #2? Damage to #2 should indicate that it was struck and forced/thrown into you and your vehicle should possibly indicate two hits.

Were there witnesses?

It's going to be about the damage.

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Originally Posted by tomcracer

... Am trying to contact the reporting officer to tell my side of story.

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Originally Posted by JudyKayTee

... In my area it is next to impossible to get a Police Report changed/corrected/amended. ...

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And it doesn't make that much difference any way. A police report is just one person's story, and probably the main function is to gather the contact information for the possible witnesses who are present when the officer gathers information. Correct me if I'm wrong here, JudyKayTee, but the insurance investigators will of course look at it, but that's only one thing they look at.

Ok, here's the deal. Using the car #s as Judy did and I'm assuming a multi-lane road. Car # 2 was traveling in the same direction when he was allegedly hit by car #1 forcing him to spin and travel across traffic. Where he hit you forcing you into the barrier. If that happened, then there should be damage to both the driver and passenger sides of car#3. Car #2 should have damage to its front end as well as damage where car #1 struck him.

If the forensic evidence can show that, then you may have a problem. In that case, Car#2's story would be verified.

So in that case, the fault goes to an unknown.

So for now, you put in a claim to your insurance carrier and let them handle it.

To be honest, what you can do, is go in and ask to add a statement to the police report, The report only states what people at the scene tell the officer. So you just ( without talking about anyone else's statement, just tell them what you saw ( not what you think or heard)

Then you turn it over to your insurance and let them fight it out, It is possible that the person who hit you will get most or all of the liability in civil court, or they may divide it between him and the other hit and run car.

Assuming you did nothing wrong but get hit, you should not have any liability.

Remember the other driver may really believe what they are saying, we all see an event from another view point, At the police academy, they had three people run into the room, do and yell certain things for about 20 sec and then run out.

It was being filmed, no one in the room was able to properly list what was happening, few of us even got the correct race of the people that ran in. So often the truth in a accident is somewhere between what all parties think happened.

I have pictures of my car that show both damage to left front(impact to wall) and right front(impacted from car #2). I would like the car #2 driver to try and explain that. He thinks he can give a false story because I am in the ER? This is in TX. I must have talked to every cop in the division and they all agree with me. The only cop I have not talked to is the one who actually wrote the report. DEsire and plan is to get a supplement report added saying my side which is the truth.

But where is the damage on Car #2? So your pictures show you were sideswiped. But they can tell a different story. It could be you sideswiped the wall and over compensated and hit Car #2.

I'm not saying that happened, just saying it could be interpreted that way.

Unless the police officer witnessed the accident the police report is just part of the story. I wouldn't sweat it so much. Just let your insurer take care of things.

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Originally Posted by AK lawyer

Correct me if I'm wrong here, JudyKayTee, but the insurance investigators will of course look at it, but that's only one thing they look at.

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Police Officers are after the fact witnesses, same as any other person who comes upon the accident scene AFTER the accident. In many areas they aren't necessarily trained in accident investigation - unless it's a specialized unit. AK is absolutely correct. I look at the PAR to get the details and the names of the parties but it has almost no value when it comes to determining fault. Very often if one party is taken from the scene by emergency vehicle the PAR reflects the version of the party who remains and speaks to the Police Officers.

VERY rare in my area for the Police to follow up with the driver who was taken by the scene.

And that's why I have a job.

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Originally Posted by tomcracer

I have pictures of my car that show both damage to left front(impact to wall) and right front(impacted from car #2). I would like the car #2 driver to try and explain that. He thinks he can give a false story bc I am in the ER? This is in TX. I must have talked to every cop in the division and they all agree with me. The only cop I have not talked to is the one who actually wrote the report. DEsire and plan is to get a supplement report added saying my side which is the truth.

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I can't speak for Texas. In NY your insurance carrier has investigators who work OFF the Police Report and do not take it as Gospel.

Your insurance company (and the other driver's) will both investigate and determine fault.

I have posted this before - in ALL the years I've been investigating accidents exactly three people have admitted fault.