What to do if I was in an accident and my insurance company has found me at fault but I wasn’t?

UPDATED: Dec 12, 2013

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What to do if I was in an accident and my insurance company has found me at fault but I wasn’t?

The car that hit me wasn’t seen by me until the collision. I don’t feel that my indurance company did a thorough job at investigating the accident.

Asked on December 12, 2013 under Accident Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your insurer pays the other driver for you, and you don't have an issue of not being paid on your own claim to your own insurer, then you really don't have any problem worth doing something about. You may not want to be blamed, which is understandable, but in this scenario, you didn't really suffer any economic loss.

However, if your insurer will not pay a claim you submit (e.g. under a collision policy) and you feel they should, you could sue your insurer for breach of contract (an insurance policy is a contract, and an insurer must pay when the policy says they must) to recover the money due you.

Or if the insurer will not defend you against a lawsuit, or pay a judgment against you from a lawsuit, not only could you defend yourself (i.e. hire your own attorney), but you could again sue the insurer for breach of contract--not honoring their obligation to defend or indemnify you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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