The Other Driver's Insurance Denied Fault for Your Accident. Now What?

Why Insurance Companies Deny Liability

Liability denials can arise when the drivers give conflicting accounts, the available evidence is incomplete, or important facts remain disputed. The insurer may reach a different conclusion about who was negligent, whether that negligence caused the crash or your injuries, or whether you share some of the fault. A denial tells you the insurer's assessment of those issues, not why anyone took that position. Understanding which facts or legal issues are disputed can help you decide what evidence to gather and how to respond.

A liability denial is not a coverage denial

These two get confused constantly. A liability denial means the insurer says its driver wasn't responsible for the crash. A coverage denial means the insurer says the policy itself doesn't apply, for example because it lapsed or the driver was excluded. They are different problems with different responses. This article is about liability denials, where the policy exists but the insurer disputes who caused the accident.

What to Do Right After You Receive a Denial

Start by getting the insurer's position in writing. California's insurance regulations, at 10 CCR § 2695.7(b), require an insurer's denial or dispute of a third-party liability claim to be communicated in writing. That does not give you a right to inspect the insurer's entire claim file or all the evidence it reviewed. Ask for an explanation of its position; a written response gives you something concrete to address.

• Ask the adjuster to confirm the denial and the reasons for it in writing, and keep every letter and email.
• Write down the adjuster's name, the claim number, and the date and content of every call.
• Gather your own evidence in one place: photos, the police report number, witness contacts, medical records, and repair estimates.
• List every factual error in the insurer's version, such as the wrong location, the wrong direction of travel, or a misquoted statement.

One caution: arguing with the adjuster on the phone rarely moves a claim, and a frustrated recorded statement can be used against you later. Documented corrections move claims. Emotional phone calls do not.

Evidence That Can Change the Assessment

Evidence may lead an adjuster to reconsider a denial, but a change in position is not guaranteed. The categories that matter most in a disputed-fault crash:

• Dashcam footage, from your vehicle or from other drivers who were nearby.
• Independent witnesses with no connection to either driver.
• Vehicle damage patterns. The location and severity of damage often tell a clear story about the direction of travel and the point of impact.
• Scene photographs showing skid marks, debris fields, and sight lines.
• The police report, which is usually the first document an adjuster reviews.
• Surveillance video from nearby businesses or homes. This is the most time-sensitive evidence of all, because many systems overwrite recordings within days or weeks.

If there is a serious dispute about speed or braking, newer vehicles may store event data from the seconds before the crash. That data can be lost once the vehicle is repaired, sold, or scrapped, so it needs to be preserved early. The same urgency applies to surveillance footage: a written preservation request sent within days can be the difference between having the video and losing it forever.

If You're Injured

Get a medically appropriate evaluation promptly, even if your symptoms seem minor. Some injuries, including concussions and soft-tissue injuries, take days to fully appear. Insurers routinely argue that a gap between the crash and the first medical visit means the injury wasn't serious or wasn't caused by the accident.

Follow the treatment your providers actually recommend, and keep a simple record of your symptoms, your medical expenses, and any work you miss. This is about documenting real injuries, not manufacturing them. Treatment you don't need helps no one, and insurers are good at spotting it. But treatment you do need, documented consistently, is what connects your injuries to the crash in a way an adjuster cannot easily dismiss.

Can Your Own Insurance Help?

A liability denial from the other driver's insurer does not leave you without options. Your own policy may cover more than you think, depending on what you purchased:

• Collision coverage pays for your vehicle damage regardless of who was at fault, usually minus your deductible. Your insurer may then pursue reimbursement from the other carrier through a process called subrogation.
• Medical payments coverage can pay medical bills up to its limit regardless of fault.
• Uninsured and underinsured motorist coverage applies when the other driver has no insurance or not enough of it. That is a different situation from a liability denial, but the two sometimes overlap, and it is worth checking both.

Whether any of this applies depends on your specific policy and circumstances. Read the declarations page, and if anything is unclear, ask your insurer to explain your coverage in writing.

If Both Drivers Share Fault

California follows a pure comparative negligence rule. If the other party is also legally responsible for your injuries, your own share of fault can reduce your recovery rather than necessarily bar it, as explained in CACI No. 405. That does not mean every shared-fault allegation establishes a valid claim: the insurer may still dispute whether its insured was negligent or caused your injuries. An adjuster's allocation of percentages is not binding on you.

When It Makes Sense to Talk to a Lawyer

Not every denied claim needs an attorney, but some situations benefit from one quickly:

• You have significant injuries and the insurer is disputing fault.
• The two drivers' accounts of the crash conflict and the insurer sided with its own insured.
• You believe the denial ignores evidence that supports you.
• You are unsure what insurance coverage applies, including your own.
• A government vehicle or public entity may be involved, which triggers much shorter deadlines.

An attorney can send formal preservation letters, obtain evidence that is difficult for an individual to get, deal with the adjuster directly, and file a lawsuit if the insurer refuses to be reasonable. Sometimes the involvement of counsel is what moves a claim from denied to negotiated.

Deadlines You Should Know About

California generally allows two years from the date of injury to file a personal injury lawsuit, under Code of Civil Procedure section 335.1. If a government entity may be responsible, for example a city vehicle or a dangerous public road, a government claim generally must be presented within six months of accrual under Government Code section 911.2. A separate lawsuit deadline generally follows a compliant written rejection: Government Code section 945.6 generally requires suit within six months after that notice is personally delivered or deposited in the mail. Exceptions and different rules may apply, so do not assume you know your deadline without checking.

These filing deadlines are separate from the notice requirements in your own insurance policy, which can be much shorter. And one thing worth saying plainly: contacting a lawyer or negotiating with an insurer does not ordinarily suspend filing deadlines. Statutory tolling exceptions may apply, but do not assume they protect your case. If a denial letter has been sitting on your desk for months, get the applicable deadlines checked promptly.

Frequently Asked Questions

Can the insurance company just decide the accident was my fault?

They can take that position, but a liability denial is not a final legal adjudication of fault. You may challenge the insurer's assessment with evidence or pursue litigation when warranted. The insurer may maintain its denial; reconsideration or negotiation is not guaranteed.

Does a denial mean my claim is over?

Not necessarily. A denial does not necessarily eliminate your options, which may include presenting additional evidence, correcting factual errors in writing, or pursuing litigation when warranted and within the applicable deadlines. It is not necessarily the beginning of a negotiation, and the insurer may continue to dispute liability.

What if the other driver is lying about what happened?

Drivers may provide inconsistent accounts of a crash, but a disagreement alone does not establish that someone is deliberately lying. Independent witnesses, camera footage, vehicle damage patterns, and physical evidence at the scene can help establish what happened and assess each account. That evidence may clarify important facts, although it may not resolve every disagreement.

How long do I have to do something about a denial?

Generally two years from the injury to file a lawsuit in California, and as little as six months for the required first step when a government entity is involved. But evidence disappears long before deadlines expire, so acting within weeks, not months, is what actually protects your claim.

Sources

• California Code of Civil Procedure § 335.1 (personal injury statute of limitations)
• California Government Code § 911.2 (government claim deadline)
• California Civil Code § 1714 (general negligence duty)
• California Department of Insurance: Consumer Help
• California Department of Insurance: Fair Claims Settlement Practices Regulations, 10 CCR § 2695.7(b)
• Judicial Council of California Civil Jury Instructions: CACI No. 405 (Comparative Fault of Plaintiff)
• California Government Code § 945.6 (lawsuit deadline after government claim rejection)