Is it legal for an insurance company to find their clients guilty of an auto accident, when CHP did not?

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Is it legal for an insurance company to find their clients guilty of an auto accident, when CHP did not?

Multiple cars and 2 injured

Asked on January 3, 2019 under Accident Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Yes, it is. The highway patrol is not a court, and its officers are not judges. Their opinion as to fault is not legally binding--it is only their opinion. It is certainly a persuasive opinion, and if you end up in litigation over the accident, introducing the report and having the officer(s) who made it testify would help you, but an insurer or, for that matter, a court, is free to disregard what the highway patrol thinks or says.


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