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How to dispute the auto accident fault determination?

Atlanta, GA |

My car was hit by another backing up vehicle while I was backing up my car. I ever reported my insurer about the accident and told them it was the other car driver’s fault. The police report did not indicate who was at fault. I got a check from my car insurance. I have already changed my car insurance company. Recently I noticed I had a fault record when I shopped around for the auto insurance. I never knew my former car insurance had determined it was my fault. I do not know whether it is because my former car insurance was unable to get reimbursement from the other car insurance. Anyway, I do not agree with the fault determination. Can you tell me how I can effectively dispute the fault determination already made by my former car insurance company?

I knew at least one can dispute the credit record by adding his own comments. How about the car insurance records?

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Attorney answers 2

Best Answer

The difference between the two examples that you give in your posting is that the credit reporting agencies are required to follow the federal Fair Credit Reporting Act which requires, among other things, the comments to which you refer.

There is no equivalent federal statute directly regulating specific insurance practices. The individual states have state statutes regarding unfair cliam settlement practices and also consumer protection laws, but these are more general and govern response times and fairness in settling claims for the most part,

My advice: write out your complaint in a cool, clear rational manner and send it certified both to the claim manager of the insurance office where the decision was made and also to the Insurance Department in Georgia.

Also, understand when 2 cars are both backing, the insurance adjusters were not there to referee so they usually enact a 50-50 split as they did in your case. The same thing happened to me. I was equally unhappy. I was not in good hands. I wrote some correspondence and moved on.

If you find my answer helpful, please click the ‘thumbs-up’ tab below. Thank you.

This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.


Write the former insurer a letter and then follow up with a complaint to the Division of Insurance. A final option is speaking with a local PI lawyer.

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