Is it possible to force an insurance company to make the designation of fault match the facts of a case?

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Is it possible to force an insurance company to make the designation of fault match the facts of a case?

I had an accident where I ran into a stopped car in the rear. The insurance company wants the designation of fault to read “failure to allow proper following distance”. This not how it happened, I do not want thier designation on my record. Can I legally force them to make designation of fault match the facts?

Asked on June 22, 2011 under Accident Law, California

Answers:

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

Answered 10 years ago | Contributor

If there was a police report of the accident, the insurance company uses the police report to determine fault.  Language such as following too closely, "failure to allow proper following distance" is usually standard language in police reports where there has been a rear-end collision.  In CA, if you rear-end another vehicle, you are at fault in the accident.

Regardless of the language, the result will still be the same, that you will be liable for the accident because it was a rear-end collision. 


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