What if My Insurance Company Blames Me for an Accident That Wasn’t My Fault? (2024)

FAQs

What if My Insurance Company Blames Me for an Accident That Wasn’t My Fault? ›

If this happens, be prepared to fight for your innocence. This may involve going to court or working with your insurance company to dispute any claims against you. A car accident attorney can be invaluable in this situation and may be able to find key evidence that invalidates any claims against you.

Contact a Lawyer: While a tense legal situation might seem overwhelming when you're recovering from a car accident, hiring a lawyer is the best decision you can make to reduce the stress during this time. Your attorney can look into all the evidence from the incident and work hard to prove that you are not to blame.

If you file a claim with your carrier when you are not at fault, your carrier will eventually begin a process called subrogation. Essentially, this means that once liability is determined, your insurance carrier will send a demand to the at-fault party's carrier to pay back the damages that were paid out to you.

Under California law, an insurer cannot increase your premiums when you aren't at fault.

It Can Jeopardize Your Compensation Claim

Even a minor accident can lead to significant expenses, from medical bills to car repairs. You might be entitled to compensation that can alleviate the financial burden. However, admitting fault can complicate your claim.

They use an interpleader to move the decision of who to pay to a Court. The reality of interpleaders is that anyone involved in interpled funds will have to pay for an attorney to represent them and if the Court awards them the claim they'll have to pay for the insurer's attorney from their claim funds.

In order to prove negligence, you must show that the person's breach of their duty, that is, their failure to exercise ordinary care, was the direct cause of your injuries.

After a car accident, you should notify your insurance company and file a claim, and not deal with the other driver's insurer. Except in rare circ*mstances, it is not wise to contact them. Your insurance company represents you, and the other driver's insurance company represents them.

After an accident occurs, the auto insurance company will investigate the accident and review all available evidence to determine who was responsible for the accident. This evidence may include police reports, witness statements, and physical evidence at the scene of the auto accident.

It depends on your insurance policy. Some insurance policies require you to pay your deductible even if you are not at fault, while others do not. Reviewing your policy or speaking with your insurance agent to understand your coverage is important.

Does your insurance go up after a claim that is not your fault with Allstate? ›

Even if you've been considered a safe driver in the past, your insurer may re-evaluate your driving record and decide to raise your premium if new claims indicate you've become a riskier driver. However, filing a claim doesn't mean your insurance premium will automatically increase.

Your rate won't increase if the accident is not your fault and the other driver's insurance pays for your claim, or if the damage is less than $750. Keep in mind that Geico also assigns points for other traffic offenses.

We encourage you to contact us any time you have a loss, especially if you're looking to get something repaired. Technically, you're required to report a claim even if it's not your fault. We're here to protect your interests and help when you're involved in an auto accident, no matter who was at fault.

They will also conduct an investigation into the facts of the case to determine if their policyholder had any responsibility for the accident. However, when no one admits fault, insurance companies may try to shift blame to avoid paying claims. This is where having legal representation is crucial.

Even if the other driver is not admitting fault, they're still legally obliged to share this information; if they refuse, it's a red flag, and you should note the vehicle's registration number and report it to the police.

Admitting that you're wrong may disrupt your sense of pride and make you think you appear weak, leading to further self-sabotaging behaviors, such as: Creating a false sense of entitlement and superiority. You may feel that the rules do not apply to you or that you are above reproach.

Insurance companies make mistakes. They may have erroneously denied your claim based on a clerical error. A simple phone call or letter may be able to resolve your claim. Failing that, seeking a proper internal appeal may cause the company to realize their mistake and quickly overturn their denial.

You can ask that your insurance company reconsider its decision. Insurers have to tell you why they've denied your claim or ended your coverage. And they have to let you know how you can dispute their decisions.

Insurance companies define negligence as the failure to take reasonable action to prevent damage or harm to either a person or property. Whether the perceived negligence was an accident or not, there is always the risk of a lawsuit on the grounds of negligence — even for a cause you consider false or frivolous.

When this happens, carriers typically negotiate between themselves to reach a mutually agreeable determination. These negotiations may delay the settlement of your claim, but insurers are bound by law to pay out your settlement in an expeditious and fair manner.