My insurance find me at fault when it shared fault

Woman didn’t keep distance and when
we both started moving my car rolled
back when she was driving forward. It
was mutual movement and caused just
scratched. But she reporting that I hit her
rolling backwards and insurance took it
as the only truth. How can I impact the
outcome of being the only one at fault
when in reality she was behind and didn’t
keep safe distance

Asked on June 21, 2017 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Other than in a lawsuit (see below), you can't do anything about your insurer concluding that you were at fault, other than providing them with any testimony or evidence in your favor and hoping they will change their mind. Insurers are free to decide who was at fault, and how much, except if fault is determined by a court.
IF you are not being paid (either in full or at all) for your damages or losses by your insurer (i.e. because they are attributing fault to you), but you believe that under the circumstances of the accident and the terms of your policy, they should pay your claim, you could sue your insurer for "breach of contract," or for violating their contractual (the insurance policy is a contract) obligations. In the lawsuit, you would have the chance to present your evidence, testimony, and arguments, and the court will decide who is right, who is wrong, whether you were at fault and, if so, what percentage of fault was yours, and how much you should be paid. You would have to decide if suing is economically worth it--i.e. if the amount of money you hope to win is worth the time, cost, and effort of suing (though by suing in small claims court, as your own attorney or "pro se," you can minimize your legal costs).


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