Legal Question in Personal Injury in North Carolina
My husband and I were recently in a car accident. We were hit from behind. I suffered a grade 3 concussion and was knock out for a while. I still have some memory and comprehension problems.
The police report stated that the accident was cause by a third car that left the scene. My husband or I never saw the third car. When I called the claim in to my insurance company I gave them this information. However, about a week later, I called them and told them there could not have been a third car because we did not see one. I even went to the police officer who filled out the report and his Captain believing I was correct. They eventually explained to me that there was enough physical evidence and an eyewitness who refused to make a written statement , but did give one verbally to the police officer to conclude that there was a third car involved. Does my insurance company (uninsured motorist) have to go by the police report (fault due to the 3rd car that left the scene) or can they deny the claim based on my statement that there was not a third car?
1 Answer from Attorneys
Why is your insurer involved at all? If you were hit from behind, then you were hit by someone or something. I assume that it was another car. That driver, if they were at fault, and his or her insurer is the one who has to pay. If you have damages which exceed the limits of the at fault driver's policy, then look under your own auto insurance policy to see if you have underinsured motorist coverage. That will cover any excess damages if you have such coverage.
Neither an insurer nor a police officer is a final authority on what caused an accident. Nobody witnessed it except the witnesses involved. Anyone else, including police officers, only get their information from someone else and it is hearsay.
What you need to do is stop posting here and see an auto accident/personal injury attorney immediately. I am not one, but I am sure there are many such attorneys in your area who will be happy to take your case. Most even provide a free case evaluation.
Attorneys have investigators and means of finding the witnesses and getting statements. That missing witness can be deposed in a court case. So get to an attorney.
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