An adjuster’s position is not the whole case
An insurance company’s statement that you caused an accident does not necessarily resolve legal responsibility. Evidence and the applicable law still matter. Attorney Norman Gregory Fernandez discusses this issue in the accompanying video. Instead of arguing over the phone, focus on identifying the basis of the decision and preserving facts that allow a meaningful review.
Ask what evidence supports the decision
Keep the denial or fault letter and request a clear explanation of the insurer’s position. Identify whether it relies on a driver’s statement, photographs, a report or a disputed traffic movement. Write down what you personally observed. Separate those observations from assumptions about what another driver must have seen. A careful factual account helps an attorney investigate the actual disagreement.
Preserve records that may disappear
Save original dashcam files before they are overwritten. Record nearby businesses or other locations that may have relevant cameras and discuss preservation promptly with counsel. Keep photographs showing vehicle positions, damage, signs and roadway markings. Retain witness contact information and any incident or report number. Never enter private property or put yourself in traffic to gather additional evidence.
Consider responsibility and damages separately
A dispute about who caused a collision is different from a dispute about the injuries it caused. Both need evidence. In an ordinary California negligence claim, shared fault can reduce recoverable damages rather than automatically eliminate a claim. The result depends on the facts and applicable rules. Do not treat an adjuster’s percentage as a court finding or assume that one favorable photograph settles every issue.
Bring a complete packet to counsel
Include the insurer’s explanation, your policy information, the report, photographs and available medical records. Disclose statements or facts that concern you so counsel can address them honestly. Ask about time limits and next steps before accepting a release or deciding to abandon the matter. A lawyer’s review should examine the strengths, weaknesses and practical recovery issues, not just repeat your preferred version of events.
General information, not legal advice. Viewing this article does not create an attorney-client relationship. Outcomes and applicable requirements depend on the facts.
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