fender bender.. police report screw up?

H

Hobbes

25+ Posts
A few weeks ago my mom got hit from behind while she was stopped at a red light. The other driver apologized and admitted fault at the scene.

The police came and gave her the standard accident form and insurance info for the other driver and sent her on her way. The other driver's car had to be towed from the scene.

The other driver's insurance finally sent a claims adjuster who tallied up the damage to my mom's car and advised he would send a check for repairs.

..fast forward three weeks...

The other driver's insurance company has stopped communicating with my mom. The other driver has filed a claim with my mom's insurance company for repairs to her vehicle.

The officer who responded to the scene filed his accident report (form CR-3) which shows my mom caused the accident by "failing to maintain speed" and also says my mom admitted fault at the scene.

Mom's insurance company advised her to contact the officer and have him correct the report.

This is getting ridiculous. Any suggestions on how to approach the officer about changing an accident report he filed one month ago? Is this common?
 
I am sure it is common. A police report also is very weak evidence for what really happened (was he there?)

What can happen is that you can file under your own insurance and have them go after the other driver's insurance (I think through mediation). That way, your Mom's car is repaired and she can move forward while all f this gets worked out.
 
Is it common?

Well, it isn't UN-common, by any means.

I've had a number of clients through the years with similar experiences. On most occasions, they have called the officer directly (or left a message with their supervisor, depending on the department's protocol), and explained the matter with the officer.

I have found that most of the time, the officers want to do the right thing and correct an honest mistake, and are fine with filing a revised report to ensure that it was accurate.
 
A medical claim by your mom would be in order as well. If she has medical insurance, tell her to go to her GP and tell the doctor that her lower back has been bothering her since the accident (I am sure she had some pain). That in addition to correcting the police report will get the other insurance company to start cooperating ASAP. It will also keep the defrauder from trying such BS in the future.
 
There are few, if ANY, cases in which someone rear ended is at fault. It's typically an open and shut case.
 
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