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

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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...

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UPDATED: Feb 22, 2012

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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.


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