Can an insurance company fault you if there is no police report? 27 Answers as of December 19, 2011

They can fault you if there's evidence from which your fault/negligence can be established. Examples would be witnesses and others who had "personal knowledge" of the event. A police report is really not very important, because it is "hearsay" and is made from what other people tell the officer.

Yes. The police report, or absence thereof, is important but not dispositive.

I assume you mean can an insurance company deny your claim because it believes you are at fault for the accident. Yes. However, that usually is just a tactic of the company to avoid paying the claim. They deny and you believe you are not at fault, sue.

Yes. Police reports are often inadmissible in court and they have only limited value when it comes to a liability determination. After the insurance company does an investigation, it can make a determination about fault based on what was discovered in the investigation. However, the insurance company's determination is not conclusive and you can often argue with the company on fault issues.

Yes. But an insurance company can fault you even if there is a police report. Insurance companies base their decision on a number of factors including the interview of the insurance holder, any witness statements and an examination of the car. It would be helpful to know if this is an accident involving another driver.

The question is always whether you can prove the other party was at fault. If you have witnesses you should do OK. If you don't have witnesses he will probably lie and you will have a he said, she said situation and the insurance company will probably deny the claim.

They most certainly can. If you feel you need assistance fighting the usually giant, well funded insurance company that wants to find fault in you for an accident, call an attorney today and get started fighting the fight.

The insurance company might have obtained information through its own investigation other than in a police report to determine who was blamed for or who caused the accident.

An insurance company has a right to investigate a claim to determine who was at fault. The company will use any available information, including sources outside of the police report, and can and will assign fault if there is no report. If fact, even if the police report finds the other driver at fault, the insurance company can assign fault to you. The insurance company does not have the final say as to fault. Rather, the court does. If your insurance company made a decision to pay the other driver, there is really no procedure to go to court to prevent your insurer from paying the claim. If you have filed a claim, and the other driver's insurance has denied the claim, you can go to court and force them to pay if you win.

Yes. If you admitted being partially or totally at fault or if another witness disputes your version of what happened. You should let your insurance company handle your defense.