I was involved in an accident, in 6/12 which we both say it was the others fault. The police report says it was my fault. My insurance agrees with me.

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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: Dec 23, 2012

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Insurance Question from Hainesville, IL

Asked on 12/23/2012

I was involved in an accident, in 6/12 which we both say it was the others fault. The police report says it was my fault. My insurance agrees with me. The other insurance company paid for their repair. I had no comprehensive and repaired my car myself. I have liability of $50,000. My insurance says they won't pay for repairs to the other car around $11,000. Now I am getting collection notices from a collection agency on behalf of the others insurance company. The police pictures don't show how the vehicles were sitting, or the damages very well. I signed a paper saying I was not going to pursue the other insurance company for repairs on my car (since it was minor and I am a very handy person)because I enjoy working on cars. What should I do?

Answer given on December 26, 2012

If you were involved in an auto accident you report the incident to your insurance company. They investigate, including reviewing the police report and your statement of the accident. They then determine if you were at fault or not. Since the police were not at the scene when the accident happened, they can only give their opinion as to who was at fault, and your insurance company may not agree.If the other insurace company is contacting you for repairs or reimbursement of what they paid for the damages to their insured, you should send any paperwork to your insurance company. If the other insurace company calls you, refer them to your adjuster. The other insurance company must work through your insurance company. If you are sued, you again need to contact your insurance company to represent you in court. If the other insurance company wins a judgement against you, then your insurance company must pay whatever is determined, as long as it does not exceed your liability limits.

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