The real answer is: it depends. The insurance company, as part of investigating the claim, will determine which driver caused the accident. Your rates will not go up if you were not at fault for the accident. However, if the insurance company determines that you were at fault for the accident, they can, and likely will, raise your rates.

What if the Insurance Company Blames Me for the Accident but it Wasn’t My Fault?

You can challenge an insurance company’s fault determination. However, just like court, you will need evidence. The best types of evidence to combat an incorrect fault determination are:

• Witness statements
• Dash Cam Footage
• Video footage from nearby businesses
• Accident Reconstruction
• Property Damage

Can An Attorney Help?

Yes! Establishing fault is one of the many things a personal injury attorney helps with. The attorney at Malvin Law have experience both collecting necessary evidence but also effectively presenting it to the insurance company or court. Keep in mind, just because an insurance company has made a decision regarding at fault, doesn’t mean that a court cannot decide otherwise.