Had an accident last month where I was in the left lane of 2 lanes going in my direction. The other driver was coming out of a parking lot area on the right side. There were cars in the right lane either slowing down or someone turning into the parking area. I was driving straight in the left lane and as I was getting ready to pass the parking lot opening the driver tried to come across the 2 lanes so she could make a left turn and head in the opposite direction. I could not even stop as she came out so fast. She obviously did not know I was in the left lane so we hit.
Her insurance company immediately admitted fault and were going to reimburse me for lost wages, deductible, inconvenience fee. They sent me 2 checks and told me to fax the ambulance and any other med bills I get from the day of the accident. Well I just got the med bills and when I called her insurance company the adjuster said to not cash the first 2 checks as there had been a change. According to the police report, the officer who came on the scene after me and the other driver were at the hospital put in the report I was in the right lane and got over in the left lane at the last minute. Her insurance now says I contributed to the accident so they will not reimburse my insurance company for fixing my vehicle and not pay my medical bills.
I am shocked. I immediately called this officer and he stated the info about me changing lanes could have come from a witness. I don't understand that as I was NEVER in the right lane. He went on to say there may have been other witnesses he did not follow up with but based on the information he had the other driver was at fault as I had the right of way and she should have been given a citation.
My insurance company will try for arbitration and I and going to try and get the officer to amend the report if needed so that it clearly states who was at fault. I DO NOT want to have to pay for my med bills and lost wages because of this driver. What should I do? When will be the time I should consider suing the driver? Thank you!