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Originally Posted by K_2

I am in Missouri, and my husband was backed into by a teenager who was talking in a parking lot. He called the police and they wrote a report. When I went to get a copy of the report, it didn't state fault. I had never been in an accident and thought maybe it was there and I just wasn't seeing it. So I called the police department. They said since it was private property, they do not determine fault. They only take a report to be used more as an "information report" by the insurance companies.

The insurance company was called as soon as we arrived home. They never instructed me to not speak with the other party. As my vehicle was the only one damaged, and damages didn't exceed my deductible, they suggested I try to get them to pay or file with their insurance(which they showed at scene, but when filed against I was denied due to it lapsing in June).

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The Police Report not stating fault is nothing new here in NYS - as I said, the Police did not actually witness the accident and their report is based on witness/party statements of the parties still at the scene when they arrive - occasionally they will follow up with someone taken to the hospital but I don't see a lot of that. The Police tell me all the time that they are not accident investigators and don't want to make a fault determination and then be dragged into the insurance negotiations.

Your insurance company probably didn't tell you not to speak to anyone because it appears they have no involvement so anything you say is not going to hurt them.

If the insurance of the other party has lapsed, I would take them to Small Claims Court -