What If Fault Is Disputed
When fault is disputed, your insurer investigates and decides based on evidence, and that decision is what affects your rate, not the dispute itself.
The insurer's finding is what matters, not the disagreement
If you and the other driver disagree about who caused the accident, both insurance companies look at the evidence and come to their own conclusion about fault. That finding, not the argument itself, decides whether the accident affects your premium.
Each insurer usually assigns a percentage of fault based on the police report, photos, witness statements, and the damage itself. If your insurer decides you weren't at fault, or only partly at fault, that can change how the accident is treated on your record. If you disagree with their finding, you can ask them to explain how they reached it and what would change their mind.
What evidence exists changes everything
A disputed fault claim is decided on whatever evidence is available. A police report that assigns fault, a dashcam video, or a witness who saw what happened all carry weight. Without any of that, it often comes down to each driver's account, and insurers tend to default to shared fault when the story doesn't resolve cleanly.
If you haven't already, write down what you remember while it's fresh, including the time, the road conditions, and anything the other driver said at the scene. Photos of the vehicles, the road, and any traffic signals or signs can matter more than they seem to at the time.
If the police report says something you believe is wrong, most departments have a process to file a supplemental statement or request a correction. Ask your insurer whether that would help your case before you decide it's worth the effort.
Some states use a no-fault system where your own insurer pays your claim regardless of who caused the accident, at least up to a point. If you're in one of those states, fault still gets determined for other purposes, but it may not affect your immediate claim the way it would elsewhere.
How your insurer handles disputes varies
Insurers don't all investigate disputed fault claims the same way. Some assign an adjuster who gathers evidence and makes a determination relatively quickly. Others wait longer, especially if the other driver's insurer disagrees or if there's a lawsuit involved.
If your insurer finds you at fault and you disagree, ask them directly what evidence led to that conclusion and whether there's an appeals process. Some companies will reconsider if you bring them something they didn't have, like a witness statement or video they hadn't seen.
If the two insurance companies can't agree between themselves, they sometimes go through arbitration to sort out how much each will pay, separate from what either company tells you about your own fault determination. That process can take time, and your premium may reflect the accident while it's ongoing.
It's worth asking your insurer early on whether a pending dispute will affect your rate before it's resolved, since policies differ on whether they wait for a final determination or act on an initial finding.
Questions people ask about this
Will my insurance go up while fault is still being disputed?
It depends on your insurer's practice. Some wait until fault is finally determined before adjusting your rate, while others may apply a surcharge based on an initial finding. Ask your insurer directly how they handle accidents while fault is still under review.
Can I get my insurer to change their fault decision?
Sometimes, if you can bring new evidence they didn't have when they made the decision. Ask what information they used and whether a witness statement, video, or corrected police report would change their finding.
Does a disputed accident show up on my driving record?
Whether it appears on your driving record usually depends on your state and whether a citation was issued, not on whether fault was disputed. Check with your state's motor vehicle agency to see what gets reported and how disputes are reflected, if at all.
Should I get a lawyer if fault is disputed?
That depends on how much is at stake, including vehicle damage, injuries, and how far apart the two insurers are in their findings. For a minor dispute, working directly with your insurer is often enough. For anything involving injury or a large financial disagreement, it may be worth asking a lawyer what your options are.
What if the other driver's insurance says I'm at fault but mine doesn't?
When two insurers disagree, they typically work it out between themselves, sometimes through arbitration, without you needing to resolve it personally. Ask your own insurer how they handle disagreements with another company and what it means for your policy in the meantime.
See how a disputed accident might affect what you'd pay by comparing quotes from other insurers.
Call your insurer and ask exactly what evidence they used to determine fault and whether that finding is final. If you have photos, witness contact information, or a dashcam video, send it to them this week rather than waiting. Ask whether your premium will be affected before the dispute is resolved or only after. If the police report contains something you believe is inaccurate, contact the department about a correction or supplemental statement. While the dispute is open, it's a reasonable time to get a few quotes from other insurers so you know where you stand if your rate does change.
