QUESTION
Can an insurance company fault you if there is no police report?
Asked on Nov 29th, 2011 on Personal Injury - Michigan
More details to this question:
Can an insurance company fault you for a car accident if there is no police report?
19 ANSWERS
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Yes.
Answered on May 31st, 2013 at 12:38 AM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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Yes.
Answered on May 31st, 2013 at 12:37 AM
Personal Injury Attorney serving Portland, OR
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Idiart Law Group, LLC
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Yes.
Answered on May 31st, 2013 at 12:37 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Yes.
Answered on May 31st, 2013 at 12:37 AM
2 Awards
Depends on the circumstances. Are there witnesses? What is the forensic evidence? I suggest you speak with an attorney if you feel that the accident is not your fault.
Answered on Sep 05th, 2012 at 2:16 PM
1 Award
They can fault you if there's evidence from which your fault/negligence can be established. Examples would be witnesses and others who had "personal knowledge" of the event. A police report is really not very important, because it is "hearsay" and is made from what other people tell the officer.
Answered on Dec 19th, 2011 at 11:13 AM
Civil Rights Attorney serving Chicago, IL
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Jackowiak Law Offices
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Yes. But an insurance company can fault you even if there is a police report. Insurance companies base their decision on a number of factors including the interview of the insurance holder, any witness statements and an examination of the car. It would be helpful to know if this is an accident involving another driver.
Answered on Dec 03rd, 2011 at 12:57 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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The question is always whether you can prove the other party was at fault. If you have witnesses you should do OK. If you don't have witnesses he will probably lie and you will have a he said, she said situation and the insurance company will probably deny the claim.
Answered on Dec 03rd, 2011 at 12:09 AM
The insurance company might have obtained information through its own investigation other than in a police report to determine who was blamed for or who caused the accident.
Answered on Dec 02nd, 2011 at 10:55 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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An insurance company has a right to investigate a claim to determine who was at fault. The company will use any available information, including sources outside of the police report, and can and will assign fault if there is no report. If fact, even if the police report finds the other driver at fault, the insurance company can assign fault to you. The insurance company does not have the final say as to fault. Rather, the court does. If your insurance company made a decision to pay the other driver, there is really no procedure to go to court to prevent your insurer from paying the claim. If you have filed a claim, and the other driver's insurance has denied the claim, you can go to court and force them to pay if you win.
Answered on Dec 02nd, 2011 at 10:48 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. If you admitted being partially or totally at fault or if another witness disputes your version of what happened. You should let your insurance company handle your defense.
Answered on Dec 02nd, 2011 at 10:29 AM
Of course. Having police at an accident scene can aid a situation, but that is in no way definitive. Think about it - if you rearended someone who was at a complete stop, do you think the police need to be there for an insurance company to determine that you caused the accident.
Answered on Dec 02nd, 2011 at 10:07 AM
Personal Injury (Plaintiff) Law Attorney serving Wheaton, MD
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The Law Offices of Paul A. Samakow, P.C.
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Yes, you can be found responsible even without a police report. Testimony of witnesses can be persuasive, even the statement of the other driver can be enough for an insurer to find you responsible.
Answered on Dec 02nd, 2011 at 10:04 AM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Insurance companies typically try to fault the other party even when there is a police report clearly showing their insured was at fault. Police don't "fault" drivers for causing accidents, they just cite drivers when they violate the law. Many insurance companies require you to report the accident to police (as does the law) before they will consider paying on a claim.
Answered on Dec 02nd, 2011 at 10:01 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes. They can do their own investigation. They have claims representatives who are experienced and can get the necessary information.
Answered on Dec 02nd, 2011 at 9:57 AM
Yes. They investigate the same as an officer does by taking statements.
Answered on Dec 02nd, 2011 at 9:01 AM
Bankruptcy Attorney serving Honolulu, HI
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Abelmann Peterson LLLC
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A police report is very useful in accident situations for evidence purposes. Without a police report, it might be difficult to prove who was at fault. Depending on the facts or, more importantly, the facts the insurance company assumes it could be that the insurance company denies payment (that is true for both your insurance company and the insurance company of the other car, if it was an accident).
Answered on Dec 02nd, 2011 at 8:47 AM
Personal Injury -- Plaintiff Attorney serving Cleveland, OH
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Mishkind Law Firm, Co., L.P.A.
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Yes. The lack of a police report does not determine whether you were at fault in causing a collision. It is the evidence at the scene that determines the issue of fault. Witnesses at the scene and the actual evidence is what is important in determining fault or legal responsibility.
Answered on Dec 02nd, 2011 at 8:46 AM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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Yes, fault is an assessment not a police determination. Good Luck.
Answered on Dec 02nd, 2011 at 8:16 AM