If the party that appeared to have caused a given accident has refused to accept the blame, then that same party might allege that the claimant was responsible for the accident, and any resulting injuries. How could a claimant challenge such an allegation?
If the claimant had been accused of breaking a law or regulation, the claimant’s lawyer could take the following actions:
Ask the insurance adjuster to come forward with a document that provides details on the law or regulation that has allegedly been violated. The presented document should have some type of official marking, so that there are no questions about the document’s source.
In addition, that official piece of paper ought to contain specific information, regarding the law or regulation that was allegedly violated by the lawyer’s client. Experienced lawyers should be able to tell the difference between a paper with specific facts and one that contains only generalizations.
If the adjuster insisted on the soundness of the allegations against the lawyer’s client, then it would be necessary to obtain and review a copy of the police report.
The Personal Injury Lawyer in St. Catharines of the claimant would need to check to see if the reporting officer had given the name of the person responsible for the accident. In addition, the client’s attorney should discover how the reported version of that incident compares to the version given by the client/claimant. Do those 2 versions offer conflicting stories, or do their facts agree?
If the officer’s report differed from the client’s story, then the lawyer’s task would require checking for certain other pieces of evidence. Did the report make any mention of a ticket that was issued to the claimant/client?
If a ticket had been issued to the lawyer’s client, then the adjuster would need to be reminded of the fact that the police report would prove of limited value in court. That should encourage the adjuster to work towards a negotiated settlement. Adjusters do not like to encourage a client to file a lawsuit against the adjuster’s boss, the insurance company. An adjuster that had no police report to back up allegations against a given claimant would certainly not want to meet that same person in a courtroom setting.
What do lawyers warn their clients if police report contains unfavorable information?
Clients are told that the adjuster will probably agree to negotiate a settlement, but that same settlement might not assure the client of compensation that is as large as the one that the client had hoped to receive. Adjusters have to satisfy their bosses, the insurers. For their part, insurers do not want to give a large payout to someone that has received less than flattering comments in a police report.