I was t-boned on 12/2/2015. I had pulled out of a parking spot and began executing a 3 point turn (note: NOT a u-turn). There was a double parked car waiting for my parking spot blocking on coming traffic in the east bound lane and the west bound lane was clear. A woman traveling straight in the east bound lane decided to go around the double parked car, crossing the double solid lines and heading in to oncoming traffic in the west bound lane, and hit me. The point of impact on her vehicle was the very front of her car and the point of impact on my vehicle was the rear driver's side door. More than half of my vehicle was visible when she hit me. Most of the damage on my car is at the rear driver's side door with some damage to the front driver's side door as well. Her vehicle had no damage. The police report mentions nothing of the double parked car or her crossing in to oncoming traffic. It also lists the points of impact and the damaged areas incorrectly. The insurance is saying the accident is 90% my fault and 10% hers when this is just not true. I have minor injuries (whiplash, headache, back pain) that I am still dealing with two weeks post accident.
Take photos of your car and the place of accident. Did you get the license plate number or identity of the driver of the double parked car? New York is a comparative negligence state so you will both be charged with duties to see and avoid each other. In any event, call a personal injury attorney and present the photos and other materials. If they support your version, an attorney may assist you.
This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during a consultation. Your rights and obligations may vary depending upon facts not disclosed in your question. Therefore, you should contact an attorney immediately so that your interests are properly protected.
The further you get from the accident date, the less likely you'll be able to get the report amended if at all. You can only "appeal" the insurance decision with any degree of success if you have some proof other than your say so. Consider engaging an attorney to deal with the insurance company.
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You can ask for an internal review, and you can bring up the information you mention. You can also file your won accident report (MV104) and file it with the DMV and send copies to the Police Dept accident records division and to both insurance companies.
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