Under what circumstances will insurance companies reconsider or revise their determination of fault?
Generally, an insurance company will revise or reconsider its decision on fault, only if additional, relevant information is provided. For example, if an accident occurred in which each driver stated that the other driver had gone through a red light, an insurance company would have little choice but to assign 50/50 fault. However, if an eyewitness confirmed which driver went through the red light, an insurance company could review its decision. Any new information should be brought to the attention of the insurance company. If you have independent evidence which your company refuses to review, then you should proceed through the company’s complaint handling protocol. See “Complaint Resolution: The Role of the Insurance Ombudsman” on the Consumer Complaints page of this website. Occasionally, after investigating an accident, an insurer may realize that the Fault Determination Rules may be contrary to the ordinary rules of law. In an effort to be fair in that particular case, an insurer
