When the other driver's insurer says its driver wasn't at fault
An auto liability claims specialist weighs in
The other driver’s insurer may refuse to pay because it thinks its driver didn’t cause the crash. Your loss is still real after that decision. Ask for the factual reason in writing. Was it a conflicting account, a missing witness, a dispute over a traffic signal or a different read on the damage? Once you know the specific reason, you know which evidence matters next. [1, 2]
Hold their reasons up to your evidence
Compare the insurer’s explanation with your photos, the damage to your car, dashcam video, witness details and the police report. A police report can include statements the officer didn’t see firsthand. If the agency has a way to fix factual errors, use it. Keep the original evidence safe. Send copies with a brief note on which point each item supports. [1, 2]
Ask the insurer to take another look
If the insurer missed some evidence, ask for a supervisor to review the claim. Find out what fact would change its position and when it will reply. Write down the date and name from every call. Don’t guess about anything you didn’t see. Saying honestly that you’re unsure is more useful than a confident account you can’t back up. [1, 3]
Lean on your own coverage for now
If you carry collision coverage, your own insurer may handle the car damage while fault is still in dispute. You may owe a deductible. Later, your insurer may try to recover what it paid plus your deductible. Ask separately about medical payments, personal injury protection and other benefits that may apply before fault is decided. [1, 2]
Questions to raise with the adjuster
- What fact led to the denial?
- Which evidence did you review?
- How do I ask for a supervisor review?
Match the reason to your proof
Get the reason for the denial in writing. Then line it up with one piece of your evidence. [1]
Sources and further reading
- 1Texas Department of Insurance, dealing with the other driver’s insurer
- 2Texas Department of Insurance, auto insurance guide
- 3National Association of Insurance Commissioners, filing an auto claim
Use this as general background from an auto liability claims view. Fault rules and claim rights vary from state to state. If you have a serious injury or a legal deadline is in dispute, talk with a local attorney.
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