Accident report claims I was at fault. I have serious injuries. What legal options do I have?

by admin on September 26, 2010

Right now I am laying in the hospital with a severe hip fracture that could affect me for the rest of my life. I am and avid cyclist, mountain biker and hiker and I am very worried that I will have life long problems associated with this injury that will limit me from participating in my favorite activities.

I have finally obtained a copy of the accident report and was mortified to see that I listed as the ‘at fault driver’. I suffered a minor concussion during the accident, but I can remember every single event that lead to the accident. In short I was T-boned by an suv doing 50mph trying to make the light as I received the left turn green signal. The lone witness’s statement is a complete lie. No tickets were issued for the accident, but as mentioned the report listed me as at fault.

As I am lying here with a broken body, out of work for three months, out of a car, and as it seems out of luck. I am wondering I have any hope for getting my life back and getting some sort of compensation.

The accident occurred in Maryland

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Entidtil September 26, 2010 at 2:29 pm

First, you seem to be citing the accident report made by the police. And you say the report states that you were at fault. If so…That is bogus ! Police DO NOT determine fault for accidents. They only determine fault for traffic offenses. The involved insurance companies are the only ones who can/do/will determine fault for liability in an accident. Simply turn this in to your insurance company and they, together with the other insurance company will process the claim. They will examine the police report, wittness statements and the involved drivers statements. Besides. Fault means almost nothing. Being at fault in an accident still entitles you to have your vehicle fixed, your medical bills paid and even being awarded money. People place waaaaaaaaaaaaaaay tooooooo much importance on "FAULT". Relax and work with your insurance company and their many, free to you lawyers.

Mushu September 26, 2010 at 2:29 pm

I agree with the first poster in that the police report doesn’t tell everything, and that the insurance companies only use that as one tool in which to gather the accident facts. In many cases, the police report only states who is guilty of committing a traffic offense, and even that can be wrong, because they are not there when the collision happened.
Your insurance company will do their own investigation, and based on many factors, will make the final liability decision.
So there is hope.
As for your injuries, I hope you have 1st party medical coverage on your own insurance (PIP or med pay) so that at least your bills can be covered.

I hope you heal quickly.

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