Legal Question in Insurance Law in New York

Bias Police Report

HI, we were falsely accused of hitting a parked car due to a pedestrian hearing a popping noise after I let loose of my emergency brake when dropping my wife off and her needing my assistance. The police report stated that I hit the vehicle when there was no way for him to determine this. He made this determination due to red paint marks on our vehicle (paint marks were identified by the insurance company that day as not a match to the hit vehicle). The insurance company is siding with the other client (even though she had multiple points of damage on her vehicle prior to the alledged claim). How can we dispute this police report as all the other evidence proves our innocence?


Asked on 7/01/09, 9:53 pm

1 Answer from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Bias Police Report

There is no benefit to be gained from disputing a police report. It is the cop's job to take those reports. If they aren't there they interview witnesses to determine what most likely happened but no one actually considers them to be accurate.

If you are sued, your insurance company will retain counsel to represent you. That's when you challenge the report.

Make sure you tell your insurance company now about this side of the events.

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Answered on 7/02/09, 10:31 am


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