Red Light Accident: Girl ran red...in her claim...she said "I" did...

[The Dark Knight]

I got into an accident this past Saturday night...to summarize...

- I had a full green. Girl on my left ran a red causing a collision.
- She said she was on her phone and didn't see the red.
- I called 911...officer shows up...he sees that we were fine...he refused to make a report. He told us to deal with the insurances.
- I put in my claim to my insurance when I got home...

I got a call today from my insurance saying that she stated that "I" ran the red light and she was never on her phone.

I called the police station where the officer is stationed at...they told me that the officer didn't specify in his summary who was at fault. So now I have nothing to defend myself with.

What should I do?

[DeltaV]

Were there any witnesses? That's the key thing.

It's our policy not to write police reports for crashes that do not involve injury. Many other police departments have the same policy. If the officer didn't witness the traffic crash and there were no witnesses, then it's just one party's word against the other. In many states, statements made at the scene of a traffic crash to an officer cannot be brought up in court. That's the way it is in Florida.

[The Dark Knight]

No...there were no witnesses that stopped. It was at night and the street wasn't busy. Only one oriental family came out to see the damage...then went back in...kinda awkward.

[PapaBear]

Without witnesses, your insurance company and her insurance company will deal with it. That is all you can expect. You may be the one telling the truth but you have no way of corroborating your side and she is in the same predicament.

[mcsap]

So can't the insurance company CALL the officer who was there and get the " rest of the story " from him ??

[ParadeRest]

So can't the insurance company CALL the officer who was there and get the " rest of the story " from him ??

He wasn't there to witness it either.

[FBINA188]

Without witnesses, your insurance company and her insurance company will deal with it. That is all you can expect. You may be the one telling the truth but you have no way of corroborating your side and she is in the same predicament.

It's unfortunate, but sadly, that's how it works.

[mcsap]

He wasn't there to witness it either.

I don't disagree but if he interviewed both drivers and got verbal statements from both....he may have enough to solve the OP's dilemma. Even when I dont take a report, I still indicate that " driver Smith ran the stop sign and hit driver Jones" on my daily log just for this reason.

[ChesCopPodz]

Unless she admitted to him that she ran the red light, his statement is worthless. She probably told him the same thing she told her insurance company. It's one of those unfortunate things. In your case, the officer has no information as to who is at fault except the statements given, which most likely contradict.