Insurance Says You Share Fault

Transcript: Hi. This is Indiana personal injury attorney David Holub.

A common complaint that we have in auto accident cases is the police say that it was clearly the other driver’s fault, but the insurance company says I share fault too. This is a common insurance company tactic. They will even use this tactic though Indiana law prohibits them from doing so. More particularly, Indiana law restricts an insurance company from negotiating a liability insurance claim by assigning a percentage of fault to a person seeking to recover from an insured party in spite of the obvious absence of fault on the part of that person.

Yet we hear these kinds of arguments all the time from insurance companies. Just this week, a person called and said that the other driver ran a red light according to two eye witnesses, but that driver’s insurance company says that I’m partly at fault for not being able to react in time and stop soon enough.

If this approach is being taken with you, our suggestion is to politely disconnect the call from the insurance company and to call our office or another experienced attorney to seek out legal advice.

This video is not meant to provide legal advice. Rather, it is hopefully to show you that all may not be lost if when you report an injury claim you hear, “You’re partly at fault,” when you know very well that you’re not. Call an experienced attorney for help understanding your legal rights.