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Car Insurance Question  My wife was in a parking lot when she accidentally backed into another car which was also backing up, and struck the passenger door putting a softball size dent in it. The police were called, and the report showed that this was "no fault". There is no damage to my wife's car. When an accident is labeled as no fault by the police, whose insurance company pays any damage? And will my premiums go up?

While insurance companies like to have a police report for an accident they do not always determine who was at fault in the same way that the police officer did. Insurance companies usually take statements from the drivers involved and their claims adjuster will investigate the claim to determine who they believe was at fault.

In a case like your wife's accident, it may be determined that she was at fault, the other party was at fault or both parties were at fault. Your state's negligence laws will also be taken into account.

If both are found to be at fault then it will depend upon the percentage each is found at fault as to who pays. If it is found to be 50/50 then likely each party will be responsible for their own damages. If it is 60/40 then the person more than 50% at fault may end up being responsible, again your state's negligence laws could help determine this.

With comparative negligence it is contended that two or more parties failed to perform at the standard of the "ordinary reasonable person." In a situation where each party has some degree of negligence in causing an accident, the responsibility to the other person(s) is reduced by the others' degree of negligence with comparative negligence.

Whether your rates will rise likely depend on if your insurance pays out a claim to the other person or not. If a claim is paid out on your wife's behalf, check with your insurance agent for information on your insurer's rating system and if this accident and claim will affect your rates. If your rates do rise, shop around for car insurance starting here with us.

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This car insurance question was asked on 12/5/2006
This auto insurance answer was last updated on 12/12/2006
Harry requested this car insurance solution.
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