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A police report is not a legal finding of fact, but if you don't contest it, it will be the basis for your insurance company's actions. You can contest the police report simply by litigating against the other party and proving that they, not you, were At Fault.
Also, many insurance companies have an appeals processfor people who believe they have been wrongly blamed in an accident.
It should be noted that there are some circumstances where, even though a driver may feel that the other party (or no one) was negligent, the actions of a driver may automatically place him at fault, regardless of any other party's actions.
3 Examples of this:
i) A driver who hits a parked car that was obstructing the road. Even though the owner of the parked car was negligent in the way he parked, the onus legally remains on the driver of the moving vehicle to avoid the stationary car.
ii) Rear-end collisions. Even if you come around a blind corner only to discover a stopped vehicle suddenly right in front of you, the onus was still on you to slow down on the corner enough to avoid any such surprises.
iii)"Road conditions". Unless a sudden condition occurs - such as a bridge collapsing or a tree falling on your car - the onus is on you to adjust your driving to the conditions.
What else can I help you with?
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.
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.
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
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.
In California can someone collect property damage for an auto accident from the registered owner if the registered owner was not driving and the police report states that both party's were at fault?
Most insurance companies will not pay the other driver if the police report states that both drivers were at fault. In general, courts just tell everyone to repair their own damages.
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.
If involved in an accident in California without a police reportmy fault with damage to other vehicle does the insurance company file a report with dmv?
I ythinnk it depends which state you reside in. In most states, unless someone is injured or their is property damage you do not need to have a police report. Actually, many police will not write a report at all unless there is actual damage. If there was no report and no injury the DMV will not know in MHO>
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.
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.
3 VEHICLE ACCIDENT WHO PAYS FOR MY REAR END DAMAGE?
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.
