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Car Insurance Question  I was involved in an accident that the NCSHP determined was 100% the other drivers fault. His insurance company disagrees and refuses to accept liability. I was also injured and have bruised ribs, acute bursitis and rotator cuff tendinopathy in my shoulder. What are my options? What is the purpose of having the SHP investigate an accident if the insurance company can just refuse to pay?

Insurance companies may use the police report as part of their investigation into a car accident but do not have to agree with the officer's placement of blame. The insurance company's claims department will look into the claim, using the SHP report, driver's statements, witness statements, etc to determine fault.

State laws differ but in general the insurer also has the responsibility to determine which driver is at fault in an accident. This typically means that an insurance adjuster does have the right to disagree with a police report and determine fault in a different manner. Sometimes an adjuster will split up fault differently than the police or determine fault to be placed on a different person then what the police report states.

An adjuster's investigation and determination of the claim usually takes into account both drivers' recollection of the accident and the damage of both vehicles. Many times a claims adjuster's findings will agree with the accident report but there are times when it does not and they assign blame differently then the police

The North Carolina Department of Insurance specifically states that the insurance adjuster investigating the accident will attempt to determine who is negligent or at-fault. The Automobile Liability coverage will pay for bodily injury and/or property damage for which any insured becomes legally responsible due to negligence.

North Carolina Contributory Negligence Law bars a driver from collecting damages if determined to be partially at fault. In essence, if you contribute to an accident, you may not be able to collect on a liability claim. Any disagreement will ultimately have to be resolved in a court of law.

So while a police report or state highway patrol accident report may usually help an insurer determine fault, sometimes the insurance company will disagree and assign blame differently. If you do not have collision and PIP or medical payment insurance to take care of your vehicle's damages and your own bodily injuries you may want to take the other party to court. Here the NCSHP report will likely be helpful to your case.

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This car insurance question was asked on 2/24/2007
This auto insurance answer was last updated on 3/1/2007
David M requested this car insurance solution.
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