Word vs. Word in Insurance Claims
Posted on: June 21, 2025
When people are involved in a car accident, insurance claims rely on the accounts provided by each party. Yet the process of determining fault can become challenging when it is one person’s word against another’s. Conflicting statements can delay or jeopardize the outcome of a claim. For those who have sustained losses or are facing blame, knowing what influences an insurer’s decision is critical.
What Happens When Both Drivers Blame Each Other?
When both drivers present opposing accounts of the accident, insurance companies must evaluate available documentation to make a liability decision. Adjusters review each statement, police reports, photographs, and evidence like dashcam footage. Witness testimony, if available, may influence the outcome. In some cases, both drivers may share fault under comparative or contributory negligence rules, depending on the laws of the state where the collision occurred.
Is a Police Report Always Accurate?
Police reports are often given significant weight in insurance investigations, but they are not infallible. These documents include the responding officer’s observations, which may include preliminary conclusions about fault. However, officers also take statements from involved drivers and available witnesses. If information is missing or one party provides a misleading statement, the report may be incomplete or partially inaccurate.
Challenging a police report is possible, but it requires substantial evidence. When discrepancies arise, it is important to address them promptly with both the insurer and the law enforcement agency that created the report.
How Do Insurance Companies Decide Who to Believe?
Consistency in the driver’s statement, the presence of physical evidence, and third-party witness accounts all play roles here. If a driver changes details over time or fails to align with physical facts, their version may be viewed with skepticism.
Insurers may also consider prior claims history and the behavior of the driver following the accident. Prompt reporting, cooperation with the investigation, and truthful communication can influence the insurer’s assessment.
Can Witnesses Impact the Outcome of a Claim?
Unbiased witnesses often provide the most valuable input when two drivers dispute the facts. A third-party witness who saw the accident unfold can corroborate one version over the other. Insurance adjusters consider these accounts when making decisions about fault, especially when no cameras or physical indicators clarify what happened.
Witness statements should be collected as soon as possible, because delays can lead to fading memories or difficulty contacting the person later. Written or recorded statements that match the physical evidence can tip the balance in favor of one party.
Is It Possible to Appeal the Insurer’s Decision?
If the insurer denies a claim or assigns blame unfairly, it is possible to dispute the outcome. Most insurance companies have an internal appeals process, which requires submitting additional evidence, a written rebuttal, or legal support. If internal efforts do not result in a favorable outcome, legal action may be pursued through civil litigation, depending on the extent of the loss and the insurance policy terms.
Please be aware that appeals can be time-sensitive. It is important to follow the procedures outlined in the insurer’s documentation and to preserve all communication related to the accident and investigation.
Our Freehold Car Accident Lawyers at Ellis Law Are on Your Side
When your word is challenged by another party, we can help you build a stronger case. Our skilled Freehold car accident lawyers at Ellis Law will assess the facts, compile documentation, and represent your interests throughout the process. For a free consultation, call our Freehold, New Jersey office at 732-308-0200 or complete our online form. We proudly serve clients in Asbury Park, East Brunswick, Toms River, Middletown, Jersey City, Long Branch, Neptune, Hudson County, Union County, Essex County, Monmouth County, Marlboro, and Ocean County, as well as Brooklyn and New York City.
