What are the reporting requirements for an accident in which you were not at fault?

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What are the reporting requirements for an accident in which you were not at fault?

I was involved in a car accident. My insurance company determined I was not at fault; the other driverʻs insurance determined their driver was not at fault. I did not collect any insurance money from either. Recently I tried to purchase car insurance and found out that I have a negative driving record, which was listed as an accident in which I was at fault (the above accident). The other driverʻs insurance reported me to “CLUE”. I was doing some research and I read that in CA itʻs illegal for insurance companies to share information about you if no payments were made on a claim. Is this true? What are my rights?

Asked on November 17, 2010 under Insurance Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You seem to be a well informed consumer and have done a good amount of research on the matter.  I think that the best approach for you here would be to file a complaint against the insurance company with your state Department of Insurance.  All claims and complaints made should be investigated and believe me: when a regulatory agency comes knocking at your door you stand up and take notice.  This is the first step toward vindication.  Ask the party assigned to investigate what your civil remedies would be as well.  And make sure that you ask about having the mark on your record cleared for the future.  Good luck.


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