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    DinkorSink's Avatar
    DinkorSink Posts: 1, Reputation: 1
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    #1

    Jan 27, 2007, 10:12 AM
    Accident, Ticketed, Later found Not at Fault
    I was recently in a car accident and was cited at the scene as being at fault. The insurance companies quickly settled in arbitration with the evidence the officer supplied in his report. They concluded fault at 25%-75% between myself and other party.

    I discussed my case with my claims person prior to the arbitration and told him I would send him the pictures of the accident which clearly showed the other driver at fault. He settled and has now put the accident down with me at Fault. This information was then loaded into the Insurance Agencies CLUE system which will now be on my insurance record.

    I have since challenged my violation and at fault in Court, in which it was found that the officers conclusion at the scene was not accurate and I was released on all violations and the at Fault. It was stated in court that the other driver should have been charged with Reckless Driving.

    My insurance company states that this is irrelevant to their conclusion of the accident.

    My question is how my insurance company can utilize information that was stricken in the Court as not accurate. How can I correct this with my insurance company, their findings and the removal of At Fault in the Clue system?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 27, 2007, 12:06 PM
    Civil law and criminal law are two different things, they each view "fault" a lot different than that of criminal cases.

    You can often even plead NOLO in criminal court where nothing in the criminal action can be used in the civil case but the events and officers statements are still allowed to be used to view, just the verdict is not able to be used.

    And while I understanding what you are saying, I doubt that is what the court officially said, all the court will say is guilty or innocent, not that the officer had the wrong conclusion.

    And since the insurance already settled, anything from the criminal liablity at this point is irrelevant.

    You can't change it with the insurance company since they have the right to settle the claims as they wish.

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