State Farm Like A Good Neighbor.....not.....More Like A Good Time Friend. Pearl, Mississippi

I read your complaint and there were a few things that I couldn't make sense of. I use to be an auto claims adjuster and I know the tricks of the trade that most insurance companies do to get out of paying claims. They look to see if the policy was written within 30 days. If so they allege fraud or try to. The Police Report doesn't matter UNLESS there is a NON PARTIAL witness at the scene who saw it all. What you need to do is find out who was this witness and is this witness any relation to the driver. It is a very hard thing to do. We would often not use police reports where the police officer sided with one party over the other if the police officer was not an EYE WITNESS. The law is clear.. Was there an EYE WITNESS.

I had a claim once that happened in Texas where our driver was hit by a truck filled with laborers and when the truck hit our driver the laborers all jumped out and were running in various directions waiting on the police to come. It so happened when the police came some of the folks previously in the truck who were now standing on the side of the street as random people gave statements attesting that our driver was at fault. We were able to successfully dispute their statements because we proved they were not nonpartial, meaning they knew the driver of the other vehicle and their testimony could not be used.

This OFTEN happened. It happened again where I was a witness to an accident where a guy on a motorcylcle was driving crazy weaving in and out of traffic and he was hit by another motorist who was in their lane going straight. He was not hurt but the impact through him onto a soft grassy landing. He knew several folks who were at the scene immediatley because they rushed over referring to him by his nickname and coddling him. Yet these folks all stayed (we were in the parking lot of Krogers) to give statements to the cops. I was a witness for the other lady and I told the insurance company that the women all knew the motorcyclist and that was all it took for his claim to be DENIED.

I don't know why you were at the scene and did not see this witness. Where did this witness come from? It is highly possible this witness knows the other driver in some fashion and came later to alter the police report. That means give a statement AFTER the fact. And the police are not lawyers. They will take the statement. HOWEVER, the COURTS will look at it differently and dismiss the statement of this witness. They can't do that. They can't come from nowhere and not talk to the police while he is at the scene. ONLY EYE WITNESSES CAN GIVE STATEMENTS AND THEY MUST TALK TO THE COP AT THE SCENE!

You can challenge this. But I would first file that Bad Faith Complaint. Insurance Companies dread those complaints because if they get to many they can lose their insurance license to operate in that state. The Insurance Commissioner is like GOD to insurance companies and they jump when they recieve mail from them.