our party was accused of being at fault in an accident which was not our fault. we are low income.

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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: Mar 2, 2012

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Insurance Question from Franklin, PA

Asked on 03/02/2012

our party was accused of being at fault in an accident which was not our fault. we are low income. my wife (party 1) was in an auto accident with a 2nd party. no police report was filed. my wife was accused by the insurance adjuster to have been at fault although she was clearly not. we are unable to pay additional costs and/or fees. however, we do need help.

Answer given on March 03, 2012

When you are in an accident and there is no police report, then the insurance companies for both parties will take statements and investigate the claim to try to determine who is considered at fault. You didn’t provide any details of the accident, so it is hard to respond whether the adjuster is correct in their assumption of fault.If you have an insurance agent, ask them for assistance in resolving the claim and who is at fault. If you don’t have an agent, you should talk to an adjuster or supervisor to try to change their opinion of fault. You are allowed to ask for reconsideration, by providing additional details to the accident that may affect the claim. If you can get the claim changed to even a 50/50 responsibility, your rates should not be affected by the claim. However, if both adjusters have agreed as to fault, you may find it difficult to get the responsibility portion changed and your rates will most likely go up.

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