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My car insurance denied my accident claim saying I was at fault, but the police report says otherwise. What can I do?

Car insuranceDeniedChecked Nov 5, 2026

From K.Actuary, founded by Sangmin Kwon, ASA · sources checked 2026-11-05 · Source: Texas Department of Insurance · Accident not your fault? Here's how to deal with the other driver's insurance View original ↗

In short

  1. Ask for the reason in writing. Send the police report.
  2. You may also use your own car insurance.
  3. If you think it is unfair, file a complaint with your state.

What this means

A police report is strong proof. But the insurer makes its own call on fault. The Texas Department of Insurance (TDI) says the other driver's insurer might say its driver was not at fault. Or it might say both drivers were at fault [1]. If it won't pay you, ask for its reason in detail and in writing. Send it the police report [1]. In California, an insurer that says no to a claim against its driver, or disputes who is liable, must do so in writing [2].

Your own policy is the next step. Collision coverage pays your repair costs. Your insurer then tries to get the money back from the other insurer. If it does, you might get your deductible back [1]. Uninsured or underinsured motorist coverage may help if the other driver had no insurance or not enough [1].

If you think you were treated unfairly, file a complaint with your state insurance department. In Texas, if you complain about the other driver's insurer, that company must write back and explain why it is denying the claim [1]. TDI Help Line: 800-252-3439 [3].

Your next step

Send the police report, photos, and witness names to the insurer with a written request to review its fault decision. If needed, open a claim under your own collision coverage. The sources give no deadline; check your policy for its claim deadline.

Check it yourself

Get the police report from the agency that responded. Read your policy's collision and uninsured motorist parts on your declarations page. How your state splits fault (for example, shared fault rules) was not checked here — "Don't know yet".

Where this comes from (3)

  1. [1] Texas Department of Insurance · Accident not your fault? Here's how to deal with the other driver's insurance · checked 2026-11-05

    If police responded to the accident, get a copy of the report. Send it to the other insurance company. … The other driver's insurance company might: Say their driver wasn't at fault and refuse to pay you. Say both drivers were at fault and want you to pay some of your costs. … If the other insurance says they won't pay you, ask for their reason in detail and in writing. Use your insurance Your next option is to file …
  2. [2] Cornell LII (copy of California Code of Regulations) · 10 CCR § 2695.7(b)(1) · checked 2026-11-05

    Every insurer that denies or rejects a third party claim, in whole or in part, or disputes liability or damages shall do so in writing.
  3. [3] Texas Department of Insurance · Get help with an insurance complaint · checked 2026-11-05

    The fastest way to get help with an insurance question Call our Help Line at 800-252-3439.

How we found this

We matched your question to 3 official sources, quoted the exact lines, and re-checked each quote against its source on 2026-11-05.

What we don’t know yet

Your own plan or notice may say something different. If your letter cites another rule, send it and we will look again.

Every answer is checked against the official rule it quotes.

Information only — not legal advice. Your plan, insurer or agency decides.

This answer quotes the official sources listed above, with the date we checked them. Your own policy, notice and state rules control. We are not your lawyer or your insurer. We don’t file, argue or negotiate claims for you — you send any letter or form yourself.

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