How can I be found 20% liable by an insurance agent when the police report showed no contributing factors to the accident on my part?

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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: Sep 29, 2011

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Insurance Question from Alameda, NM

Asked on 09/29/2011

How can I be found 20% liable by an insurance agent when the police report showed no contributing factors to the accident on my part? Other party ran a stop sign and admitted to police on report his view was blocked by backed up traffic.

Answer given on October 02, 2011

When you are involved in an accident, the police report is based on what they see after the fact and based on statements from all parties.The insurance company takes the police report into account, but they also take statements from the involved parties, witnesses (if any) and the damages to the cars. Their results can vary from the police report.If the other party ran a stop sign, it seems that you should not be considered contributory to the accident. You should speak with the adjuster to determine his reasoning. You should also talk to your insurance company to see if they are accepting the decision of the other insurance. Many times insurance companies try to assess partial responsibility but the other company does not have to accept that and can continue to try to collect full payment from the responsible insurance company if they have paid for your repairs on your behalf. If you are working with the other insurance company, you may want to work through your own company if you are not able to work things out otherwise.

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