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Liablity decisions are not based solely on the police report. Your insurance adjuster should investigate every aspect of the loss. If you want to provide details of the accident perhaps I could assist you with this. In short, how you prove fifty percent, is just that you (your adjuster) must prove that the other party contributed to this accident. Just because the police report says 100% does not mean that the claim will be settled that way.

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โˆ™ 2007-08-23 10:30:35
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Q: How can you prove fifty percent liability if you the police report says you are 100 percent at fault?
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Related questions

On the police report is it the first vehicle listed the one that is at fault?

Believe it or not, police do not determine who is at fault the insurance companies involved do. They use information given to them from the police department, such as violations or speed information, but the police can not determine fault or liability. Order of listing vehicles on the report has no determination of anything

How do you appeal a police accident report that said you were at fault even though you were DEFINITELY not?

Your insurance company is going to review the police report, your statements, and the statements of witnesses and the other party. After they review that they will make a determination of fault and decide to accept liability or not on your behalf. If you think that you were not at fault in the accident make sure that you file a claim against the other persons insurance.

Handle the insurance after a hit and run and did not see driver but have licence plate number but only have liability insdurance?

Car insurance in general is not built for you when you are not at fault in an accident. You should complete a police report and and contact an attorney to help sue the at-fault party. If you have just liability you are not paying your insurance company for help in this matter. Liability pays for the damage you cause when you are at-fault in an accident.

Can an insurance company decide who is at fault when a police report has been filed?

An insurance company can assign fault regardless if a police report is filed or not. A police report is simply a report made by a neutral party at an accident scene. I believe there have been cases where insurance companies have assigned fault to one party when the opposing party was initially named at fault in a report.

Who is at fault without a police report?

A police report does not define who is at fault. That requires some investigation by either the insurance company or the police themselves; however, unless you make a claim or a report, neither will investigate and the accident will not officially have happened.

I was in a car accident. The lady was at fault and since I did not get a police report AAA said that I was 50% fault. Can I get the other 50% from my coverage even though I do not have full liability?

No the insurance would only cover damages to the other person in this case.

What should you do if you are not at fault but somehow the police accident report said that you were?

not final, you can contest the police�s report by hiring independent investigators. But, if the police say you were at fault you probably were according to the traffice rules and regulations.

Can you be suit if theres no police report done in an accident?

Yes. Although a court would consider such a report as highly valuable in determining the nature of an accident, and while it may be very helpful to a court in determining fault, there is no legal requirement for a police report to be done in order for civil liability to be assessed from an accident.

Who is liable in a car accident where the driver at fault calls the police the other driver leaves the scene and no police report is filed?

The driver at fault is liable for the collision, regardless of the other driver's actions post-collision. The fleeing driver may later be brought up on Hit and Run or Leaving the Scene of an Accident charges, but that will not change the at fault liability.

If you have an accident other party admits fault no police report your insurance was lapsed will the other insurance cover your loss?

As long as the other carrier has accepted liability, they will owe for your damages whether you have insurance or not.

If you had an accident and it wasnt your fault does it go in your driving record?

If the police came out and made a report of it then it will be on your driving record. It will be a not-at-fault accident but it will still be on your driving record. If the police did not come out but your insurance knows about it then it will be on your CLUE report and be a not-at-fault accident.

If you live in Louisiana on the police accident report is driver 1 or driver 2 typically at fault?

The police arbitrarily chooses which car is considered Driver one and Driver two. You have to read the report to determine who is at fault.

How does liability insurance work when neither driver was cited?

In many states you will find that police officers will not issue a citation in minor accidents. The police will show up and assess the situation and record the accident on a report. Your insurance company will ultimately decide who is at fault and they may use the police report in their investigation. Usually if there are 2 vehicles involved than each insurance company will send an adjuster out to interview both parties. The adjusters will then work together to assign fault. If it is clear who was at fault than the insurance companies may not even send out adjusters. In this case they may just interview both parties over the phone and get repair quotes for the vehicles. In either case though, the police report is only a tool used by insurance companies and is not the final word as far as liability insurance goes.

Can you dispute a police report for an accident because i have a person lying about what occured even though the police officer claimed them 100 percent at fault?

iwas parked behind a truck he backed up into my new van when the police arriived he said he backed into me . now he is deniying it he is saying i hit him the police report said that the driver had told her that he backedin me how can he change his storie and waht can i do about it

What is Fault tort liability system?

Tort liability system is divided into two kinds of fault liability and strict liability, tort liability system in which fault tort liability system is the foundation and core. Fault tort liability system involves all aspects of social life, the paper only fault tort liability system has made some important research.

Can you still go through insurance with no police report?

This is up to your insurance company. Why would you not have a police report anyway? The purpose of a police report is to get statements from all parties involved at the time of the accident before they have time to change their stories and make up facts. The police officer reports the statements and lists his/her observations and evidence at the scene to determine who is at fault in the accident or incident. Sometimes an insurance company will not require a police report in cases such as an animal collision or glass claim where it wouldn't really make any difference to have a report because there is no real fault to determine. Most of the time a police report is required and necessary.

Can you make a claim against an at fault driver without a police report?

yes, but it speeds up the claims process if there was a police report. The claims adjusters for both of your insurance companies will investigate.

Will insurance pay if you do not have a police report?

Police reports are not necessary, insurance companies can recreate the occurrence from the damage on the vehicle and determine who is at fault.


The car drectly behind you who hit you. The police report will assign fault. If you are not at fault, the person who is will be responsible for the damage. Get a copy of the police report from the investigating agency and give it to your insurance agent. Thay should take it from there.

Do you have to pay to fix the other car if no one was at fault in accident there is a police report but no ticket was given?

Someone was at fault if their was an accident. Just because you didn't get a ticket, doesn't mean that the Police Officer didn't cite one driver for the accident. The codes tell who is at fault. Police have become way to cautious about issuing tickets in accident situations because they don't want to be called to court in these situations. The codes on the accident report tell who is at fault.

If you are backing out of a parking spot and another person cuts in behind you to get into a parking space who is at fault if you back into them?

If you are both moving, the one at fault is whoever the police officer says is at fault on the accident report. That's all I can tell you with this information. I hope you called the police. They will say you backed into them and you will say they ran into you. Without a police report faulting one of you, the insurance company will say both are 50% at fault which means each pays for their own damage.

Can the insurance company assign fault legally. When the two sides have the opposite person at fault and without a police report?

Yes, That's what an insurance adjusters job is, The adjusters usually assigned by both insurance companies involved, asses the situation, review all pertinent facts and then jointly make a determination of fault and/or degree of fault and ensuing liability. Police reports do not automatically determine fault. Police reports are typically made by an officer after the accident has occurred, rarely is the responding officer an actual witness to the accident. So although a police report is very helpful to the adjusters it is not the sole determining factor. If the insured parties disagree with the insurance companies decision they can always hire legal council and take the matter to court for a judicial or jury determination.

My car was hit but no police report was made who should be liable?

The person who hit you if it wasn't your fault.

Who is at fault when you are parking and someone backing out of their space hits you?

Whoever the police report charges with the accident.

What happens if you are in a car accident and you have insurance but the person who causes accident does not have insurance?

My plan was denied and it was not my fault it was the other drivers fault because police and show up to make a police report it is really his mind