What can I do if my insurance company claims that I was responsible for an accident but I wasn’t?

They claim that the police report would say that I was at fault for the accident but they didn’t even look at the report. After I called the police, they said no one was given fault for the accident, the only thing on there was the a witness claims I ran a light red. The witness was completely incoherent and couldn’t even make eye contact with me and I shared that with my insurance company. I also gave them the name and contact info for the traffic light engineer who explained to me that what the other driver is saying wouldn’t be physically possible with the way the lights were programmed yet they never called him or took that into consideration.

Asked on April 1, 2015 under Accident Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you believe that the insurer is failing to honor its obligation to pay compensation to you when, under the terms of your insurance policy, they should, then your recourse is to sue them for breach of contract (violating their policy obligations). In the lawsuit, you would need to show that given the circumstances of the accident--the facts you describe in your question--they were supposed to pay under the terms of our insurance policy. If you can do that, a court would force them to pay.


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