What to do if I was in an accident and my insurance company has found me at fault but I wasn’t?

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What to do if I was in an accident and my insurance company has found me at fault but I wasn’t?

The car that hit me wasn’t seen by me until the collision. I don’t feel that my indurance company did a thorough job at investigating the accident.

Asked on December 12, 2013 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If your insurer pays the other driver for you, and you don't have an issue of not being paid on your own claim to your own insurer, then you really don't have any problem worth doing something about. You may not want to be blamed, which is understandable, but in this scenario, you didn't really suffer any economic loss.

However, if your insurer will not pay a claim you submit (e.g. under a collision policy) and you feel they should, you could sue your insurer for breach of contract (an insurance policy is a contract, and an insurer must pay when the policy says they must) to recover the money due you.

Or if the insurer will not defend you against a lawsuit, or pay a judgment against you from a lawsuit, not only could you defend yourself (i.e. hire your own attorney), but you could again sue the insurer for breach of contract--not honoring their obligation to defend or indemnify you.


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