You do not have to pay the deductible if the other person's insurance is paying the claim. If you put the claim through your insurance, and do not have uninsured, underinsured motorist protection then you will have to pay the deductible regardless of who's At Fault.
You should find evidence or witnesses from the accident to give proof (testify) that the accident was not your fault. You could also go to court...
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.
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.
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.
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.
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
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.
Police don't always determine the fault especially the private property incidents. What the police report usually does is tell the facts of what happened and what any witnesses say they saw as well so in situations where no tickets are issued or cause of fault is listed the insurance companies will get together and determine the fault. Sometimes when two cars back into each other there may just be levels of fault whereby each party may be partly at fault which never benefits anybody.
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.
There is not deductible with liability insurance coverage. Liability pays the party who is not fault for their damages without a deductible. If you were at fault collision would pay for damages to your vehicle but you will have a deductible of whatever you selected when you purchased the insurance policy.
Insurance companies determine fault by looking at police reports, taking statements from the parties involved and witnesses, and looking at the vehicles.
No, you have to pay your deductible.