can a insurance company over rule a officer of the law's decision on who's @ fault in a iowa auto accident?

Posted on Mar 08, 2008 under Insurance Information |

was involved in small auto accident in iowa wear a car pulled out in front of me at the last second when i legally had the rite-away & he had a stop sign. & we hit ! after i got out i noticed he was leading a funeral and felt bad! cops arrived and they proceeded to the cemertary! cops gathered all info. & deemed the other vehicle @ fault! well now thier insurance company is tring to sue me saying it was my fault! can a insurance company over rule a officer of the law's decision on who's @ fault in a iowa auto accident? how do i handle this?
my vehicle was not insured at the time!

17 Responses to “can a insurance company over rule a officer of the law's decision on who's @ fault in a iowa auto accident?”

  1. Spock (rhp) Says:

    you let your insurance company defend you

  2. Insurance Co's work on contributory negligence - most likely you both will be assessed some fault in the crash.

  3. Yes the officers decision is only his opinion. Ultimately the Judges opinion is what counts but even then the insurance company is not held to that decision it would be a civil matter.

  4. trooper3316 Says:

    The officer's opinion may weigh heavy, but the insurance company is under no obligation to recognize that.

    The lead vehicle in a funeral procession must obey traffic laws. The lead vehicle should have stopped, and the others could then follow him through.

  5. In my state, we do not determine who is at fault. We simply gather the facts and cite any law violations. If officer's in Iowa actually list who they think is at fault, that may influence the insurance companies, but certainly isn't set in stone.

    Insurance companies will sue each other and attempt to negotiate a resolution. It's best just to let your insurance company figure it out and relax.

  6. Yes the insurance company does not have to follow the officer's opinion.

    If the two insurance companies (yours and thiers) fight it out the police officer's testimony and opinion will weigh in the final decision.

  7. Yes an no. The insurance company is concerned with LIABILITY to pay for damages. The Officer is concerned with who violated traffic laws. The two are not always the same. Just because the insurance company sues, does NOT mean they will win in court. The JUDGE can over-rule BOTH the Officer AND the insurance company.

  8. You have two different decisions makers. The Officer handles the traffic violation. The insurance company handles the civil aspect. Neither one is over ruling the other.

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