Is there any legal recourse when an insurance company determines you to be at fault for an accident, but you don't believe you are?
August 6, 2025
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If you feel your insurer is incorrect based on your recollection of events, here’s what you can do:
1. Request a Written Explanation
Ask your insurance company for a written explanation of why they found you at fault.
2. Request Evidence
Ask for any documentation, photos, or witness statements they used to come to their conclusion.
3. File a Dispute
Submit a written dispute or appeal with your insurer, detailing why you believe their determination is incorrect.
4. Escalate to the Department of Insurance (DOI)
If the matter remains unresolved, you can file a complaint with your state’s DOI for unfair claims practices. They’ll investigate to determine whether your insurer acted improperly.
Often, once the DOI gets involved, insurers become more willing to reconsider.
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Is there any legal recourse when an insurance company determines you to be at fault for an accident, but you don't believe you are?
I understand how frustrating it can be to feel wrongfully blamed for an accident. Can you tell me more about the circumstances surrounding the accident?
Yes, I was in an accident in a parking lot where both I and another vehicle were backing and collided. The other driver claims that they were stopped at impact, but I'm sure they were not.
Have you already filed a claim with your insurance company or the other party's insurance?
Yes.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with fault determination.
No.
Hello and welcome to the site! My name is Barrister and I am a licensed attorney here to help with your situation.
If you feel your insurer is incorrect based on your recollection of events, here’s what you can do:
1. Request a Written Explanation
Ask your insurance company for a written explanation of why they found you at fault.
2. Request Evidence
Ask for any documentation, photos, or witness statements they used to come to their conclusion.
3. File a Dispute
Submit a written dispute or appeal with your insurer, detailing why you believe their determination is incorrect.
4. Escalate to the Department of Insurance (DOI)
If the matter remains unresolved, you can file a complaint with your state’s DOI for unfair claims practices. They’ll investigate to determine whether your insurer acted improperly.
Often, once the DOI gets involved, insurers become more willing to reconsider.
How do I get my insurance to agree it's not my fault?
Refer to the steps I outlined above. Start with a formal written dispute and request evidence. Escalate if needed.
Ok. Is there anything to gain by reporting the incident to the other party's insurance company?
Not much. Once you do, their insurer will contact your insurer. And if your insurer already found you at fault, theirs will likely follow suit.
Anything to gain by filing a police report?
Usually, the report should have been filed at the scene. At this point, it won’t carry much weight because the police can’t recreate the scene.
Ok. Anything to gain by threatening to sue the other party to pressure them into withdrawing their claim?
Sue them for insurance fraud because they lied?
That would be a last-resort option. You could theoretically sue your insurer, the other driver, and their insurer to have a court determine liability. But it’s expensive and time-consuming.
Ok. So looks like your original advice is the best path... Get mean with our insurance company and they might acquiesce?
Exactly. Start there. You can always escalate if needed.
