Legal Question in Personal Injury in Kentucky

If the police report for an auto accident states the other driver at fault how can his insurance say we a re equally at fault? And how do I fight their decision?


Asked on 8/02/10, 4:27 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The police report contains the conclusions of one police officer. His opinion is not legally binding on anyone. That includes you, the other driver, and your respective insurance companies.

If the case were to go to trial, the judge or jury would decide who bore what percentage of the fault. They would be free to agree or disagree with the police officer, or with any other expert witness who testified. Subsequently it would be their conclusion, not the police officer's, that would be binding.

If you feel you were not at fault and if there is enough money at stake, you should discuss your case with one or two local attorneys. But if you think you and the other driver really were equally at fault and you are just hoping to take advantage of the police officer's conclusions, I'm afraid you won't get very far.

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Answered on 8/07/10, 5:34 pm


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