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[jerrick]

I was in a car accident that was clearly the other party's fault. (He made an unprotected turn out of a parking lot into traffic, and tried to cut in front of me. I had no time to stop and we collided. The front of my car hit the driver's side front [near the headlight and tire] because he was only partially in my lane. Therefore there was no possible way for him to complete the turn. I slammed on the brakes and honked and tried to avoid his truck, but it was unavoidable. He admitted fault, and the officer who took the police report said that he was at fault.) I was also injured and had to attend 2 doctor appointments and go to urgent care. (They determined that my knee has a severe bone and cartelidge contusion. It is still swollen and my day to day life has been effected, as I am still in pain and can not walk long distances, stand for an extended period of time, bear weight on my leg, or lift anything too heavy. The other party's adjuster came to my house and estimated repairs at $4150. After two weeks of dealing with the other party's incompetent insurance adjuster, he finally told me today that they are filing the accident as 50/50 fault. It looks like I am going to have to get an attorney. I am picking the police report up tomorrow morning. How can I prove that I was not at fault? Will the police report state who was at fault? Any suggestions are greatly appreciated!

[larry]

A lawyer will not change the liability decision by the insurance company. Seriously. Don't waste your money on a lawyer for that.

Liability is determined by many factors, such as the written police report, witness statements, passenger and driver statements, along with scene photos and the appraisals and photos of the vehicles involved. The adjuster then takes all of the evidence into consideration - location of damage, skid marks, officer notes, etc - and makes a determination. If you do not agree with the adjuster, speak to the adjuster directly (at your insurance company, not theirs) and ask why. ONLY WORK WITH YOUR OWN INSURANCE COMPANY. After all, this is why you pay them and have a policy with them. They are looking out for your best interests. If you still don't agree with the determination after they have explained how they decided and what evidence used, then go further. Speak to their supervisor.

If they have not received the police report yet it is unlikely that final determination has been made. Good luck.

[cinnard]

You don't. Simply call your insurance and let them deal with it.
A lawyer can't change a liability decision.

Edit: In your last question, you said you'd never been in an accident before, so how could you know that the adjuster was 'incompetent'? If you've never had to deal with an adjuster, exactly how can you judge the level of competency? You also said you weren't one to work the system, yet a day later, you're running to get an attorney? Sounds like some pretty incompetent people gave you some pretty bad advice...

[nelgibson00]

A lawyer won't do much unless you're injured....what you need to realize is everyone's insurance company is obligated to defend their insured. You can try small claims court but if it is word vs word it most likely will get thrown out.

[Indappraisals]

When you are involved in an auto accident involving injury or property damage, you need to report it to your insurance agent, broker, or insurance company within seven days, regardless of who is at fault. The insurance companies must know who was at fault for the accident in order to determine who should pay the insurance claims. In some situations, this is relatively straight forward. For example, if you hit or damage a parked car, it is relatively obvious that your insurance company is at fault and that your insurance company must pay.
Thanks,

[Calvin]

Hi Jerrick,
As you were in hurry and I guess you wouldn't get any written proof from the other party, right! You can't prove that it is not your fault even if you will hire the best lawyer of town. Did you get your car and your life insured?