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Why am I considered at fault for an accident that was the other party's fault?

Asked by user in California.

The other driver purposely hit my car because they had road rage. They turned it around on me and said that I was the one who hit them.

Answered by Enjuris Editors:

If you file an insurance claim with your insurance company or the other driver’s insurance company, the insurance company will conduct an investigation and either accept or deny your claim. If the insurance company denies your claim because the company believes the accident was your fault, you should dispute the finding of fault immediately by writing a letter to the insurance company.

Disputing fault will lead to an additional investigation. At this point, it’s important to provide any evidence you have that supports your claim. You may also consider hiring an attorney to help you negotiate with the insurance company. Your attorney can, among other things, collect witness statements and depose the other driver.

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