How do I prove to an insurance company that I wasn’t liable for a car accident?

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How do I prove to an insurance company that I wasn’t liable for a car accident?

At the scene the police did not say I was responsible for the accident and no tickets were issued, however my insurer is claiming that I am responsible. A bicyclist ran into my car at an intersection; he didn’t seem to be following the traffic laws the same as vehicles like bicyclists are supposed to. I’m stuck in with a claim, No wonder there are so many hit and runs.

Asked on June 26, 2014 under Accident Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Your insurance company should be relying on the police report to determine fault in the accident.  Since the police report did not find you at fault, you should not be held liable for the accident.  If there were witnesses, they could also provide written statements signed under penalty of perjury as to what occurred in the accident.  Those statements will provide additional evidence to your insurance company that you were not at fault in the accident.  The police report may have listed the names of witnesses.  Also, are there any traffic cameras at the intersection where the accident occurred?  If so, video from those cameras will provide your insurance company with additional evidence that you were not at fault in the accident.


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