I was involved in an accident and was found not at fault by the police report but my insurance company said I was 50% at fault. There is nothing saying I was at fault. The other person was cited not me is there anything I can do? I am in California!
2006-10-02 11:22:24 · 13 answers · asked by Derick Graham 2 in Cars & Transportation ➔ Insurance & Registration
Here's the deal -- the police officer, unless he witnessed the accident, does NOT make the determination of fault in an accident. He is there to make a report and cite drivers for DMV violations and/or criminal wrongdoings. There is a giant spider web of situations and conditions surrounding each and every insurance claim -- most of which no one ever knows about except the adjusters. Sounds like you better call and find out how they determined you portion of fault here. Could be any of a hundred situations.
2006-10-02 11:48:56 · answer #1 · answered by Anonymous · 3⤊ 0⤋
I think CA is a comparative negligence state, which means you could be found partially at fault and have that amount deducted from your total damages. Not to dismiss the police officers, but a claims adjuster will see many more damaged vehicles and have the knowledge just by glancing at the car who was at fault. You are able to look at the damage and determine the impact and such and can easily tell who's at fault. A cop is called on the scene to take witness reports from you and the other party, and that's about all unless it's a serious motor vehicle accident that involves an investigation. If you are unhappy with your damages, you can contact the CA Department of Insurance and file a complaint, but you may not get too far if it is a fair amount they are providing.
2006-10-02 23:04:19 · answer #2 · answered by Rexy 3 · 1⤊ 0⤋
The police do not make liability decisions. You didn't give any details about the accident, but they deal with criminal investigations, insurance companies deal with civil. They are two different things with two different standards of proof. Your insurance company investigates to determine if something you did, or failed to do, caused someone's damages. The police decide whether to give tickets. And the two are not related.
Your insurance company is probably making this decision based on the facts uncovered in their investigation. They have a contract with you that says they will pay claims when you become legally liable for damages.
That's about all I can tell you without knowing what happened in the accident. You are obviously in a state that has comparative negligence which means that you would be responsible for the other person's damages less their degree of negligence (and your insurance is saying both of you are 50% at fault).
2006-10-02 21:09:59 · answer #3 · answered by Chris 5 · 3⤊ 0⤋
According to the California Department of Insurance
Effective January 1, 2003, a driver may be considered to be principally at fault in an accident if the total loss or damage caused by the accident exceeds $750.00 and the driver’s actions or omissions were at least 51% of the proximate cause of the accident.
http://www.insurance.ca.gov/0200-industry/0300-insurers/0200-bulletins/bulletin-notices-commiss-opinion/notice-11-08-2002.cfm
Your statement sounds ridiculous……….
As far as Settlement:
Insurance Companies are not the bad guys!!!
Insurance Companies will NOT pay to repair or replace more than the agreed upon actual cash value of your property subject to the terms and conditions of your policy. Check with your agent or claim representative for complete details.
2006-10-02 23:03:36 · answer #4 · answered by mmtoruno 1 · 1⤊ 1⤋
Insurance companies -- no matter what type of insurance (car, disability, home, etc.) -- are never on your side.
Try this forum for auto insurance problems or do an internet search for (free) insurance forums for information on resolving the issue. See if you can get free legal advice. Your local library might have a "lawyer in the library" once a month.
2006-10-02 18:33:40 · answer #5 · answered by Shaggy 3 · 0⤊ 1⤋
Insurance companies are the law.So what ever they say is right.Hell they even have the United States on there sides.The states require you to have insurance correct.
It is like the cat feeding the mouse.
2006-10-05 15:28:49 · answer #6 · answered by George K 6 · 0⤊ 0⤋
Yup, insurance companies are not your GOOD NEIGHBORS. You are NOT IN GOOD HANDS. They make money by collecting premiums and NOT PAYING CLAIMS. Tell that asshole adjuster that you are making a formal complaint to the State Insurance Department. Then do it in writing and send it certified mail. Then dump your insurance company if they are AS, SF or G. Those 3 are the biggest bloodsuckers.
2006-10-02 18:32:24 · answer #7 · answered by ? 4 · 2⤊ 1⤋
Insurance companies are always trying to find ways not to pay, period. They are not your friend. Are you in a no fault state? Get a lawyer.
2006-10-02 21:41:44 · answer #8 · answered by ruthie 6 · 0⤊ 1⤋
If both of you have the same insurance company, that isn't all that unusual. Rather than go to court and sue themselves, they just make an internal determination, assign a % and get on with life.
2006-10-02 18:31:43 · answer #9 · answered by Anonymous · 0⤊ 1⤋
Every insurance company will blame you if you're in an accident, whether it's your fault or not. Quit screwing around and get a lawyer.
2006-10-02 18:32:52 · answer #10 · answered by HappyApple 2 · 0⤊ 2⤋