In the state of Maryland, an insurance company is denying the notes of a police officer regarding who is at fault for a car crash. His notes are being denied by the company on the grounds that he did not witness the crash happen or obtain a written statement from the drivers involved. Are police notes disputable on these grounds? Is this an example of an "arbitrary or capricious reason" for denying a claim?
1 Answer
Unless the officer is an accident reconstruction expert, then it seems reasonable you could challenge his determination of an accident scene as hearsay if it wasn't based on witness reports. Heck, this is what I saw in traffic court in MD involving crashes, driver pleads not guilty, officer says he didn't witness it (if they even show up), other party doesn't appear, judge dismisses ticket.
