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Complaint 4 of 20 in "Fault and No-Fault Issues"
Insurance Carrier: Geico
State: South Carolina
The accident that I was in happened in Spartanburg. The policeman came and give a report on what happened. According to his report, I was not at fault. But now the other person's insurance is saying it was my fault, and they do not want to pay to fix my truck.
Insurance Expert Answer:
Only the determination by a court or jury of fault is binding. As a practical matter, usually a police officer's assessment is persuasive and stands unless the assessment is questioned. As the police officer usually was not a witness, his or her assessment is only as good as the information s/he received. If you have collision let your company handle it. The deductible usually is refunded if your insurance company prevails. If you don't have collision insurance, you may have to sue the other driver and prove he was at fault and you were blameless.