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      02-11-2011, 06:06 PM   #38
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Quote:
Originally Posted by jeffnnj View Post
Same thing happened to me in my brand new '08 550i when I was sitting in a line of traffic waiting to exit a mall. For a moment I figured that it was so obvious that I could forgo a police report but decided it to call them just in case. It was clearly her fault as the report clearly stated. However, when it came time for her to report it to her insurance company, she said that she was backing up and I swerved around her making me partially, if not mostly, responsible. If I hadn't had the police report my insurance company could have reemed me for the accident. Instead, it was deemed 100% her fault and my policy was unaffected.
That kind of shit happens all the time. And, in many cases, it's not the other driver changing their story later; rather, it's their insurance company that makes them.

I heard (somebody correct me on this if it's inaccurate plz) that the insured has no right to admit fault - i.e. that determination is ultimately with his or her insurance company. So, in an accident, if there's no police accident report, but the other party wrote you, on the spot, a written admission of guilt, his or her insurance company can still decide to challenge & contest the ruling/outcome.

And, in many cases, even your own insurance company is not watching your interest, which is why many people automatically get an attorney.
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