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    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #21

    Oct 16, 2007, 05:25 AM
    Okay - I think now I've got it! Not at all unusual to have to request the Police Accident Report in writing, particularly when the accident is not life threatening. I would send the request, probably smart to enclose a postage paid self addressed envelope. Very smart to have all of you checked out by a Doctor. A lot of injuries aren't what they are claimed to be but I also see a lot of legitimate problems that take a week or more to show up. I don't understand the admitting fault part and maybe it's just a question of language - by accepting what the insurance company is offering (in this case 50%) you are not admitting to anything. As I said yesterday you have little control over what your insurance does in terms of settlement. Just because the company has decided you are 50% at fault does not MAKE you 50% at fault. Do you know what I mean? I have seen bad accidents where the insurance company set fault at 50%/50%; the injuries went to trial; one party was found to be 100% liable for the injuries. You can always run this situation past an Attorney (although with legal fees in LA - yikes!) and I am not an Attorney, of course, but that having been said IF this accident turns into a lawsuit YOUR insurance company will defend you (and I realize both parties have the same insurance company) and they are most decidedly not going to do anything that will put themselves at risk or cost them money, such as having you admit fault - someone sues, you lose, they pay. Their job - and I'm no fan of insurance companies in most cases - is to protect you (and, in the end, themselves). Simple as that. Nothing in life is guaranteed but if they are talking 50%/50% and are not budging you should probably take it and run. Do you have any sense if the driver of the car that rear-ended you was injured or how much damage he had? And the woman ahead of you? (I think she just left the scene.)

    Sorry you're going through all of this - I deal with accidents and their aftermath pretty much every time and tend to be a little “cut to the chase” without explaining thoroughly - any problems understanding, let me know.

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