When To Fight An Insurance Company If They Declare An Accident No Fault
Most drivers are aware of the fact that in at-fault states, accidents are generally one driver's fault or another driver's fault. After all, this is the definition of "at fault" states; fault needs to be assigned in an accident. Drivers are also aware of the fact that their auto insurance rates rise after an at-fault accident, sometimes dramatically. However, many drivers don't know that there's another option - in some states known as 50/50 comparative fault states, a no fault accident is possible. A no fault accident occurs when both drivers involved in the accident are equally at fault, and each driver is responsible for his or her own costs from the accident. This can be an acceptable sort of compromise in a true no fault accident, but many drivers wonder when they can fight an insurance provider's decision to declare no fault in an accident.
First things first: obviously, you can't fight a car insurance company's decision if neither driver was truly at fault. This will usually result in nothing more than wasted time and money for you, and you'll stand a very low chance of receiving a payout or a changed decision, particularly if the facts of the case back the auto insurance company up. You also can't protest an insurance provider's decision if you don't have any evidence to support your claim of the other driver's fault. While insurance companies don't use very scientific methods to determine fault in many circumstances, their rulings tend to stand very well in a court of law as long as there's no reason to believe that they're inaccurate–especially in a no fault accident.
However, if you're positive that the other driver in the accident was at fault and you have the means to prove this via police reports, accident photos, or other evidence, contact your insurance agent right away. Explain that you want to protest the decision to declare a no fault accident. In most cases, the insurance company will be on your side because they'd much rather have the other driver's insurance provider pay for all of the accident costs if at all possible.
After a no fault accident, your auto insurance rates will rise, and you'll have to pay any associated deductibles for your insurance policy. As such, you should always know your rights and be prepared to fight a no fault accident if necessary. You should also know when to back down, as trying to change an insurance provider's mind without any evidence is a tough uphill battle for any driver.
