insurance driving accident
Contesting At-Fault Car Accident
<p><strong>Scenario:</strong>
You're travelling on the highway with stop and go traffic. As a driver (Car A) you are distracted (starting at the sky, changing the radio, on your cellphone, whatever). Suddenly traffic in-front of you comes to a stop and you gently rear end the car in-front of you (Car B). The car behind you (Car C) does not stop in time either and rear ends you. All drivers emerge from their cars and communicate. Car B makes it clear that Car A was at fault for hitting him. Due to a language barrier communication with Car C is not very clear. There is no damage to any of the cars and no insurance claims are filed.</p>

<p><strong>Aftermath:</strong> 2 months later you go to change insurance companies and they bring up that you were at fault in this accident. You were reported at fault by Car C who in fact rear ended you (no claim was made, only at fault accident reported).</p>

<p><strong>Question:</strong> Are you at fault for the fact that Car C read ended you? Can this accident which is now appearing on your insurance be disputed as Car B  did not report anything? Essentially I'm just wondering what the odds are that this can removed from Car A's record.</p>

<blockquote>
  <p>Are you at fault for the fact that Car C read ended you?</p>
</blockquote>

<p>Close call. A jury could go either way. </p>

<blockquote>
  <p>Can this accident which is now appearing on your insurance be disputed
  as Car A did not report anything? Essentially I'm just wondering what
  the odds are that this can removed from Car A's record.</p>
</blockquote>

<p>I think that it is unlikely that the situation you suggest would happen, even though anything is possible. Usually there needs to be a claim of actual damage for an insurance company to treat it as an accident. The usual rule is "no harm, no foul" (unless someone is cited for a traffic violation).</p>

<p>Insurance company accident records are not regulated to the same extent as say, credit reports. You could threaten to sue the company for negligent misrepresentation, or the driver of Car C for defamation, in order to try to get this statement removed, but those would be hard cases to win since you are at least arguably at fault and fault is to some extent a matter of opinion. It would be much easier to win a suit like that if the accident didn't happen at all. Here, it would be undisputed that an accident happened at a particular time and place involving certain cars and drivers, and the dispute is only over who was at fault.</p>
