How does the insurance company determine fault when me and the other driver have to different accounts of the accident.

I was at a stop sign at a two way street a car to my left let me in so i could make a left turn I was clear on my right hand side so i made the turn after completing the turna car came from my right hand side because the three parking spots from the corner were clear i assumed that she was tryin to pass me on the right she hit the corner of my car nocking me into the next lane causing me to hit the car that let me in she claims I ran the stop sign and hit her when makin the turn the cop thought her story made more sense but wrote everything down I toldhim. Should i fix the car myself or wait.

Asked on June 7, 2009 under Accident Law, New Jersey


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am a lawyer in CT and practice in this area.  Insurance companies determine fault generally based on the police report and their client's rendition of the accident, including their own inspection of the cars involved.  The problem is that the decision to find fault is largely based on what they believe they can prove at trial.  In other words, if there is any question at all that they think that they can prove that their driver was not at fault or that the plaintiff contributed in any way, then the insurance company will deny liability and make you, the plaintiff, prove your case.  The longer you litigate, the more money the insurance company saves.  I suggest that you rely on the police report as the officer's testimony in court at the end of the day will be pursuasive to the jury.

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