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Do I have to settle for being at-fault in a car accident when I know that I wasn’t? Is there anything I can do to prove my innocence?

Asked by user in California.

There was a police report filed, but I haven’t seen it. I bought my car in 2006 and have liability insurance.

Answered by Enjuris Editors:

I’m sorry this happened to you.

Because you have liability insurance, you should contact your insurance company and report the accident. Explain to your insurance company that you were not at fault for the accident and provide any evidence that you may have. Tell your insurance company that a police report was filed so your insurer can obtain a copy of the report.

After listening to your side of the story, your insurance company will make a decision about who was at fault for the accident. Your insurer may decide to litigate or settle the matter. Under most insurance policies, the insurance company controls the right to settle a claim.

If you feel your insurance company is acting improperly, you may be able to file a bad faith lawsuit. If you need additional help sorting this matter out, consider reaching out to a personal injury attorney in your area. Most initial consultations are free.

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