My insurance company put me at fault but I have proof I wasn’t at fault how can I fight it

UPDATED: Jan 26, 2019

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My insurance company put me at fault but I have proof I wasn’t at fault how can I fight it

I have proof the police report was a lie
I have the police camera footage and
audio and proof that the witness didn’t
see anything but the aftermath

Asked on January 26, 2019 under Accident Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

What do you mean by "fight it"? If you are being sued by someone due to the accident, you can defend yourself in the lawsuit by showing evidence that you were not at fault.
Or if someone (your insurer or the other driver) is refusing to pay you when you believe that you were not at fault in an accident and should receive compensation, you can sue the other driver or your own insurer (if they are not honoring your policy and paying your claim--you would sue them for "breach of contract," since an insurance policy is a contract).
But if you mean that your insurer is paying the other driver because they believe you are at fault, there is nothing you can do. It is your insurer's right to settle claims if they believe their driver is at fault, and you have no right to interfere in their decision to do this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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