Can I dispute my insurance's fault determination?

I was involved in a minor accident where I rear-ended another car. The situation is unusual, and I feel strongly that the other driver was at fault due to erratic driving. The other car appeared suddenly in front of me, possibly after a U-turn, and moved across multiple lanes to turn into a shopping center. My insurance, AAA, will likely place the blame on me for hitting them from behind.

I want to dispute this. I have two witnesses in my car who also believe the other driver was driving dangerously. The damage is minor, but I don’t want this accident on my record or my girlfriend’s (whose car I was driving). Do I have any options to force my insurance to investigate further or fight this claim? Would trying to obtain traffic camera footage help? Any advice is appreciated.

You can dispute the fault determination, but without evidence like dashcam footage or third-party witnesses, it’s unlikely to succeed. Insurance companies rely on facts: you rear-ended the other car, which typically indicates fault. Even with your story, they may not want to pursue it further, as the cost of investigating could outweigh the claim. Traffic footage might help if it shows erratic driving, but getting access can be difficult.

@Cameron
If I manage to get footage showing what happened, would that be enough to change the determination? My passengers saw everything, but I understand their statements might not carry much weight.

@SolarSorcerer
Yes, footage could make a difference. Without it, the passengers’ accounts might not be sufficient since they’re seen as biased. Focus on obtaining the footage if you believe it will support your case.

Based on what you described, it’s hard to argue you weren’t at fault. You rear-ended the other car while making a turn, which is usually a clear-cut case of failing to yield. Unless you have concrete evidence, like footage or third-party witnesses, it’s unlikely your insurance will fight this.

Saying you didn’t see the car is a red flag for insurance, as it indicates a lack of awareness. Without clear proof that the other driver acted recklessly, it’s difficult to argue they’re at fault. Insurance companies generally side with the vehicle that was rear-ended unless there’s strong evidence to the contrary.

Without video evidence, it’s your word against theirs. Passengers in your car are considered biased, so their statements likely won’t hold much weight. Unfortunately, the fact that you rear-ended the other car is likely enough for the insurance to determine you’re at fault.

You need to figure out how the other car got there. If you can’t clearly explain or prove their actions, it will be hard to shift the blame. Try to get footage or any evidence showing what happened.

It sounds like this is your fault. If you rear-end someone, you’re almost always considered at fault unless there’s very strong evidence otherwise.