Am I concidered more than 50% at fault in an accident if no citation was issued by the police?

Free Insurance Quote Comparison

 Secured with SHA-256 Encryption

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Full Bio →

Written by

UPDATED: Feb 22, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Insurance Question from Mendon, MI

Asked on 02/22/2012

Am I concidered more than 50% at fault in an accident if no citation was issued by the police? I was the only vehicle involved in an accident. The roads were icy and my vehicle went off the road and landed upside down. There were no injuries. I was not cited by the police. My vehicle was a total loss. The insurance policy states that if I'm not more that 50% at fault that I don't pay the deductable. They are paying me (x) dollars minus the deductable. Is that correct since there were no citations issued stating any fault?

Answer given on February 23, 2012

If you are involved in an auto accident that is a single car accident, it is unlikely that there would be anyone else considered as partly at fault for the accident. Even though you were not issued a ticket, it does not mean you were not responsible for the accident. It is possible that the condition of the roads were part of the cause of the accident, but the insurance company will have investigated the accident and made a determination of fault. Since they are charging the deductible, it appears they feel you were more than 50% at fault. They may have decided that speed or carelessness was a cause of the accident.You should talk to your agent or the adjuster to have them explain how they have determined the accident and fault. They should be able to clarify any questions you may have as to the settlement of the claim.

IMPORTANT NOTICE: These answers are for general information purposes only and are provided by the person answering and AS IS. It has not necessarily been reviewed by the management staff of nor is it binding any insurance agent, broker, or other insurance professional or any attorney or insurance company. Insurance laws, regulations and practices vary from state to state and insurance policies and practices differ from company to company, by type of policy, by state and locality and by type of insurance. Tiny variations in the facts, policy language or a detail not set forth in a question often can change the outcome or a professional's conclusion. Although has confirmed that the answer(s) was/were provided for the account of an experienced insurance professional, that professional may not be licensed in the state referred to in the question, and may not be experienced or up to date in the subject area. Unlike the answers provided here, upon which you should NOT rely, for personal advice you can rely upon we suggest you consult a licensed insurance professional in your area or retain a licensed attorney listed on to represent you.

Free Insurance Quote Comparison

Enter your ZIP code below to compare cheap insurance rates.

 Secured with SHA-256 Encryption