Is it true that if the police investigator of a minor collision purposely does not fill in on the Accident Form who is at fault–that each insurance co. pays for their client's damages under the Collision portion of the policy.
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UPDATED: May 22, 2019
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Insurance Question from Green Oaks, IL
Asked on 05/22/2019
Is it true that if the police investigator of a minor collision purposely does not fill in on the Accident Form who is at fault–that each insurance co. pays for their client's damages under the Collision portion of the policy. This assumes No Personal Damages and No Citations issued. Can an Insurance Agency, after the fact, decide who is at fault?
Answer given on May 25, 2019
While each state and jurisdiction may handle automobile accidents differently, most police departments do not assign fault to an automobile accident if they did not witness the accident and/or if there is no clear cut proof of fault. However, further investigation by either or both of the insurance companies can determine blame in an accident. The additional information of witnesses and statements by the parties involved can help the insurance companies determine fault.
While both insurance companies may not agree, the settlement process can begin with the insurance companies determinations of fault. Statements are usually taken from each side by their insurance company as well as by the other insurance company. Such statements can help the companies determine who they believe are at fault. False statements by parties can end up being a criminal case, but hard to prove without witnesses. Be sure to fully understand why or how your insurance company has made a determination of fault, since it could affect your insurance rates.
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