Is there any way I could still have to pay for damage to my car caused by an accident I was in where the police determined I was not at fault?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jun 21, 2014

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Insurance Question from Centennial, CO

Asked on 06/21/2014

Is there any way I could still have to pay for damage to my car caused by an accident I was in where the police determined I was not at fault? I was cut off in an intersection by a driver going straight thru a right turn only lane. I braked & avoided a collision, but a cyclist behind me couldn't stop in time & crashed into me. The driver who cut me off got a ticket. I reported the accident to both of our insurance companies, but the at fault driver has not responded to any calls from me or insurance. He was also an out of state driver (FL) using someone else's car, & lied to the police, saying he was never in the right turn lane, but witnesses gave accounts matching mine. I am worried he will never respond & no progress will be made.

Answer given on June 24, 2014

In an auto accident the insurance follows the car. If the driver did not own the car, even though he was driving it, the owner of the car’s insurance company is responsible. If the insurance company cannot get a statement from the driver, they should try to speak to the owner of the car to see if they can get the driver to respond. If this is unsuccessful, you may have to turn to your insurance company to pay for your damages, less your deductible. Then your insurance company will go after the other insurance company and they will work out a settlement. Since there is a police report and witnesses, the other insurance company is eventually going to have to settle this with you or your insurance company. Even as this works out, your rates will not be affected since the accident was not your fault.If you do not have collision coverage on your car, then you are going to have to push the other insurance company to settle. Again, point out the police report, witnesses etc. If you are not getting results ask for a supervisor who may be able or willing to work this out with you.

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