How to Dispute a Car Accident Fault

How fault is determined after a car accident

Determining fault in a car accident involves a thorough investigation.

Insurance companies, law enforcement, and sometimes legal professionals piece together what happened.

Here's how fault is typically decided:

Police reports: The initial view

When police respond to a crash, they complete a report based on the evidence at the scene.

This includes interviewing drivers and witnesses, examining the positions of the vehicles, noting road and weather conditions, and identifying any potential traffic violations.

If an officer believes a driver violated a law, like running a red light, they may record that in the report.

However, this report is not the final say. Insurers often rely heavily on it, but it is just one piece of evidence.

Witness statements: Independent insight

Eyewitnesses can provide unbiased perspectives that either support or contradict the drivers’ accounts.

Insurance adjusters treat independent witnesses as credible if they have no relationship to the parties involved.

Their observations can help resolve disputes when stories differ. That’s why collecting witness information at the scene is crucial.

Driver statements: Your version of events

Every driver involved is expected to provide an honest, detailed account of what happened.

This includes the direction you were travelling, your speed, and what actions you took before the crash.

Insurance adjusters analyze your statement in conjunction with other evidence. Any inconsistencies or omissions can weaken your credibility so accuracy is key.

Vehicle damage and reconstruction

The location and nature of vehicle damage help paint a picture of how the crash occurred.

Accident reconstruction experts may be brought in to measure skid marks, examine impact angles, and simulate vehicle movement.

Their analysis can be vital in determining fault when the physical evidence contradicts driver statements.

Traffic laws: who broke the rules?

Adjusters and investigators apply traffic laws to evaluate driver behavior.

For example, failure to yield, following too closely, or illegal lane changes are common indicators of fault.

Understanding these laws can help you anticipate how insurers might view your actions, or the other driver’s.

The insurance company’s investigation

Insurers weigh all the available evidence including police reports, damage assessments, driver and witness statements, and any relevant photos or videos.

Claims adjusters then apply internal policies and legal guidelines to assign fault.

This evaluation directly influences whether you receive compensation and how much.

Comparative vs. contributory negligence

Fault isn’t always one-sided.

In comparative negligence states, each driver may be assigned a percentage of fault¹. Your compensation is reduced by your percentage of responsibility.

In contributory negligence states, even 1% fault on your part could prevent you from recovering any damages.

That’s why knowing your jurisdiction’s rules is essential to formulating your dispute.

How to dispute a car accident fault

In most US states, car insurance companies assign “fault” to at least one party involved in an auto accident.¹

After an at-fault accident, car insurance rates go up by 48%, on average.² And, while this increase is typically temporary, you could be tolerating a rate hike for anywhere between three and five years. 

Unfortunately, it’s possible that you may be blamed for an auto accident even if you weren’t actually at fault. If this happens to you, how do you dispute an at-fault accident? 

Disputing an at-fault car accident is often challenging and, without help from experienced car accident lawyers, expensive. In this guide, we’ll teach you how to dispute a car accident fault the right way. Our step-by-step process could help save you thousands in auto insurance rate hikes if you’re blamed for an accident that’s not your fault.

If you believe the insurance company unfairly assigned you fault, you have options.

Disputing a fault decision requires a structured approach, including presenting compelling evidence.

1. Advise the insurance company that you dispute their decision

Prompt communication shows that you’re serious.

Tell your adjuster that you believe the fault determination is incorrect. Be factual and professional and include specific reasons why their assessment doesn’t align with the evidence.

This initial notification sets the stage for your formal dispute.

2. Use the insurance company’s fault dispute process

Each insurer has protocols for reviewing disputed liability decisions. Request the full procedure.

You may need to submit a written appeal with supporting documentation.

The earlier you begin, the better your chances of getting a fair reassessment.

3. Gather and submit strong evidence

Your argument must be based on evidence, not just opinion.

Compile any of the following:

• Scene photos: Vehicle positions, road markings, weather, skid marks, and debris patterns.
• Dashcam footage: Objective, timestamped video is highly persuasive.
• Witness details: Contact information, signed statements, or formal interviews.
• Traffic camera footage: Request it quickly before it gets deleted.
• Medical records: These can help verify timing and severity of impact.
• Repair estimates: Damage patterns support collision mechanics.
• Communication logs: Document every conversation with your insurer.

4. Clearly state your case

When writing your appeal, be concise but thorough. Reference specific evidence and compare it to the insurer’s original assessment.

If the police report is flawed or a witness wasn’t interviewed, make that clear. Avoid emotional language.

Let the facts drive your argument.

5. Follow up consistently

Don’t assume your case is being actively reviewed. Follow up weekly.

Keep records of every call or email. Insurers often handle large volumes of claims. Your persistence ensures yours stays top of mind.

6. Try to get the police report changed if you disagree with it

A police report carries significant weight. If you believe it contains inaccuracies regarding fault, you can attempt to have it amended.

This is not always easy and requires concrete evidence.

Here's how:

Review it carefully

Get a copy of the full police report (not just the summary).

Look for factual mistakes like incorrect vehicle positions or witness statements attributed to the wrong person.

Contact the officer

Be respectful and direct. Explain the mistake and provide any new evidence.

Officers can amend reports by issuing a supplemental report, but they rarely do so without compelling proof.

Submit new evidence

Photos, videos, or witness statements not originally available can support your request for correction.

Written affidavits and objective footage are your best tools.

Understand the odds

Police reports are rarely changed. But even if your request is denied, your efforts show insurers you are actively disputing fault, which strengthens your negotiation position.

Fight a traffic ticket or violation received for the accident

Receiving a traffic ticket related to an accident often implies fault so it’s crucial to contest it.

Here’s how to contest a traffic ticket:

Know the exact charge

Get clarity on the violation you were cited for. Look up the statute and understand what must be proven in court.

Build a solid defense

Gather evidence that contradicts the officer’s version of events.

A successful challenge might include:

• Dashcam or surveillance video
• Photos showing obstructed signs or unclear markings
• Witness statements
• Expert opinions if the situation was complex

Appear in court

Dress professionally and present your evidence calmly.

If needed, consult or retain a traffic attorney, especially if the penalties include license points or insurance surcharges.

Alternatively, work with the Mighty.com AI claims helper to prepare your case.

Understand the consequences

If you win, the citation is dismissed. If you lose, the fine and license points may increase your premiums.

Always weigh the risks and benefits before proceeding.

How to fight a 50/50 car insurance claim

A 50/50 fault determination means both drivers are equally responsible.

This can be frustrating as it means both parties' insurance premiums may increase. Both payouts are also reduced.

Here’s how to challenge a 50/50 claim:

1. Request an explanation

Ask your insurer for a detailed breakdown of how they determined equal fault. Understand the specific evidence they relied on.

2. Provide counterevidence

Even small new details can shift the balance. Re-interview witnesses, check for nearby security cameras, or consult an accident reconstruction expert.

Documentation that clearly shows the other driver committed a violation can sway the insurer.

3. Highlight contradictions or omissions

Did the other driver change their story? Is there missing evidence? Point it out.

Any inconsistency undermines the 50/50 assessment.

4. Emphasize legal violations

If the other driver broke a clear traffic law (e.g., ran a red light, didn’t yield), that’s often enough to shift fault away from you.

5. Negotiate and escalate if needed

Most insurers are open to negotiation when new evidence is introduced. If talks fail, consider mediation or arbitration through a third party.

Is fault an issue in your car accident case?

The importance of fault varies based on your state's laws. Understanding this is critical.

At-fault states

In at-fault states, the at-fault driver (and their insurer) pays for damages.

Disputing fault is critical to protecting your premiums, liability exposure, and ability to recover damages.

No-fault states

Here, your insurer pays for your injuries (via PIP coverage), regardless of who was responsible.

However, fault still matters for property damage and lawsuits involving serious injuries.

How to dispute fault in a no-fault state

Even in a no-fault state, fault can still be a significant issue. It affects property damage claims and influences potential lawsuits for serious injuries.

Here's how to dispute fault in a no-fault state:

• Property damage: You may still be assigned liability, which can raise your rates or trigger deductibles.
• Injury thresholds: If your injuries exceed the threshold, proving fault becomes vital for suing the at-fault driver.
• Same rules apply: Collect evidence, correct inaccuracies, and consider legal help if needed.

How to deal with an accident that was your fault

Sometimes, an accident is truly your fault. Acknowledging this is the first step. Even then, you have responsibilities.

You also have rights.

Here's what to do:

1. Be honest with your insurer

Attempting to mislead your insurer can void your coverage. Provide a detailed, truthful account.

2. Cooperate fully

Respond to all requests. Provide documents. This ensures your claim is processed without unnecessary delays.

3. Don’t admit fault at the scene

It’s fine to express concern for others’ wellbeing but never admit legal liability on the spot. Stick to the facts.

4. Be prepared for higher premiums

Even minor accidents where you're at fault can trigger increases. If you're at fault in multiple incidents, you may be deemed a high-risk driver.

5. Seek legal advice if needed

If someone was seriously hurt or you’re facing legal action, talk to a personal injury lawyer. Protect your rights and be informed on your options.

Should I dispute liability in a car accident case?

Deciding whether to dispute liability is a significant decision. It has financial and legal implications.

Here's a breakdown to help you decide:

Strong reasons to dispute:

You should consider disputing liability if:

• You genuinely believe you were not at fault: Your personal conviction should be based on a clear understanding of the accident.
• You have compelling evidence: This is key. Without strong evidence, your dispute will likely fail.
• The other driver's account is demonstrably false: If their story contradicts the facts, you have a strong basis for dispute.
• The police report is inaccurate: If you can prove the report contains errors that wrongly assign you fault.
• The financial stakes are high: If being found at fault would lead to significant premium increases or substantial personal liability.
• Your state has comparative negligence laws: If partial fault still impacts your recovery or liability.

When to consider not disputing liability: Weighing the costs

Sometimes, disputing liability might not be the best course of action:

• You know you were at fault: If the evidence clearly points to your responsibility, a dispute is unlikely to succeed. It could also prolong the process.
• Lack of strong evidence: Without credible evidence to support your claim, your dispute may be a wasted effort.
• Minor damages and no injuries: For very minor accidents with minimal financial impact, the effort and stress of disputing fault might outweigh the benefits.
• High legal costs: If disputing requires hiring an attorney and the potential financial gain is small, it might not be worth it.
• Clear traffic violation on your part: If you clearly violated a traffic law that led to the accident, disputing fault will be challenging.

The weighing process: Benefits versus risks

Carefully weigh the potential benefits of disputing liability against the risks. Consider the time, effort, and potential costs involved.

If you have a strong case, disputing fault is often beneficial. If your case is weak, it might be better to accept the initial determination.

How a car accident lawyer can help

Car accident cases can be complicated and a lawyer's expertise can be invaluable. Especially if you are not at fault.

You don’t have to use a lawyer but they provide guidance, advocate on your behalf and take the pressure off you.‍

Throughout the dispute process, you’ll have to communicate and negotiate with insurance companies (both your own insurer and other parties’ insurers).

Major insurers are always lawyered up. Insurance companies have always had on-staff attorneys to handle legal matters—but, in the last decade, insurance companies have been hiring lawyers in droves to be claims adjusters, too.² The American Bar Association estimated that, as early as 2013, one-quarter to one-third of all insurance adjusters had legal qualifications. 

Simply put, if you’re trying to dispute an at-fault accident, be prepared to tangle with numerous attorneys. If you aren’t in the legal profession yourself (or if insurance law isn’t your specialty), one of the most effective ways to protect yourself during this process is to hire a ​​car accident lawyer or personal injury (PI) lawyer. 

A PI lawyer will:

• Liaise with your and other parties’ insurance companies on your behalf
• Help you file an opposing claim with other parties’ insurance companies
• Gather and submit evidence supporting your position 
• Document your case, contact insurance regulation agencies, and provide support as needed

When it comes to fights with auto insurance companies, you need someone strong in your corner—like a seasoned PI attorney. If you’re wondering when to get an attorney for a car accident, you can hire one from the beginning to ensure the claim process goes smoothly.

‍Here's how a car accident lawyer can assist:

Legal expertise

Lawyers understand liability laws, insurer tactics, and court procedures. They can spot weaknesses in fault assignment and build a counter-case.

Evidence collection

Attorneys can subpoena records, interview witnesses, hire experts, and retrieve hard-to-access surveillance footage.

Insurance negotiation

Lawyers know how to speak the insurer’s language. They’re skilled at pushing back against low offers and holding insurers to fair standards.

Court representation

If your case goes to trial, a lawyer will argue on your behalf, question witnesses, and advocate for maximum compensation.

Full damages assessment

A lawyer looks beyond car repairs and medical bills. They assess future medical needs, lost earning potential, and pain and suffering.

File a Claim

We recommend retaining an attorney before taking any more steps, but if you decide to dispute an at-fault accident yourself, the next step is to file a car accident claim with your insurance company. You can file one of two kinds of claims:

1. Personal injury (if you were injured during the accident)
2. Property damage (if your vehicle was damaged during the accident)

If both are relevant to you, your car accident claim can cover both types of damages. 

Keep in mind that, if you’ve already been labeled as the at-fault party, you’re likely to encounter some pushback from the other party’s insurer. There are a few important ways you can protect yourself during this process (which are essential if you choose not to partner with an attorney):

Document everything:

• Send an email or a letter instead of making a phone call
• Keep copies of the evidence you submit
• Record your calls if you need to speak over the phone

• Communicate only with other parties’ insurance companies—not with other drivers
• Ask about insurers’ confidentiality policies to protect your personal information

Read More: How Long After A Car Accident Can You File A Claim - Statute of Limitations

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Contact an Insurance Regulatory Agency

If the steps above don’t provide the resolution you’re looking for, one last-ditch option is to contact an insurance regulatory body. You should contact both:

1. A third-party regulator, like the National Association of Insurance Commissioners³
2. Your state’s insurance regulation department

These agencies may be able to support you if you have difficulty overturning your own insurance company’s decision or obtaining the financial compensation you need to recover from the accident. 

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Disputing fault after a car accident

Disputing fault after a car accident is complex, but not impossible. With strong evidence, clear communication, and expert support, you can challenge an unfair decision and protect your financial future.

Need help? Tools like Mighty.com can assist with building your claim, offering AI-powered support for faster, smarter decision-making.

Disputing fault FAQs

Can I dispute fault even if the insurance company has already closed my claim?

Yes, you can still dispute fault after a claim is closed, but timing is important. Most insurers allow a window, typically 30 to 90 days, for you to submit a dispute. Contact your claims adjuster and request the formal process for reopening or appealing the fault decision.

If new evidence becomes available (like dashcam footage or a witness statement), be sure to include it. The stronger your documentation, the more likely the insurer is to reconsider.

Will disputing fault affect my insurance premium?

Not immediately, but the outcome of your dispute could. If you’re successful in having the fault decision overturned or reduced (for example, from 100% to 50% or lower), you may prevent your premiums from increasing.

On the other hand, if the original fault decision stands, especially in an at-fault state, your rates may go up at renewal. Disputing fault is your best option to avoid being penalized unfairly.

Do I need a lawyer to dispute fault after a car accident?

You don’t always need a lawyer, especially for minor accidents with limited damages. However, legal support becomes valuable when injuries are involved, the fault is heavily disputed, or the financial stakes are high.

A lawyer can gather expert testimony, challenge insurance determinations, and represent you in negotiations or court. Many offer free consultations, so it’s worth exploring if you’re unsure about the strength of your case.

Alternatively, the Mighty.com AI claims helper can assist with every step of the claims process after a car accident.

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Sources

1. Bloomberg Law - Contributory and Comparitive Negligence by State - https://pro.bloomberglaw.com/insights/litigation/contributory-and-comparative-negligence-by-state/
2. American Bar Association Journal. Insurers Are Hiring Lawyers, With an Eye on Privilege. https://www.abajournal.com/magazine/article/insurers_are_hiring_lawyers_with_an_eye_on_privilege
3. NAIC. What You Should Know About Filing an Auto Claim. https://content.naic.org/article/what-you-should-know-about-filing-auto-claim

1. Policy Genius. What Does No-Fault State Mean?. https://www.policygenius.com/auto-insurance/states-with-no-fault-insurance/
2. WalletHub. What Happens If I’m At Fault in a Car Accident?. https://wallethub.com/answers/ci/what-happens-if-you-are-at-fault-in-a-car-accident-2140693829/

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