Insurance flipped our fault determination after other driver lawyered up — can we fight this?

This happened to me almost exactly. My insurer found me not at fault, other driver got representation, and boom — suddenly I'm partially liable. It felt like a total betrayal from my own insurance company. I ended up disputing it and it actually helped to get my own attorney involved. Hang in there.

Unfortunately yes, this is absolutely a thing that happens. Insurers will sometimes flip a fault call because fighting a represented claimant is expensive and they'd rather just settle. Your interests and your insurance company's interests are NOT always the same thing — people need to understand that. Your insurer's job is to manage their costs, not necessarily to protect your record or your rates.

A few things worth knowing: first, you can file a formal dispute with your insurance company — most carriers have an internal appeals process and you should ask for it in writing. Second, you can also file a complaint with your state's department of insurance if you believe the investigation was inadequate. Third, regarding attorneys — for something like this, a PI lawyer typically works on contingency (no upfront cost, they take a percentage if you win), but if you just need someone to help you fight the fault call on the defensive side, the fee structure might be different. Worth asking when you call around.

Not legal advice, but generally speaking — fault determinations by insurers are not final judgments. They can be disputed internally and, if it comes to litigation, challenged in court. The fact that material evidence like a police report and eyewitness statement weren't incorporated before the reversal could actually work in your favor in a dispute. When you're talking to attorneys, ask specifically whether they handle these kinds of insurer disputes and what their fee arrangement looks like for your situation.

Call your insurer today and ask two things: (1) what is the formal dispute or appeal process, and (2) request a copy of the full claim file including any notes. You're entitled to that. Then get your witness to write a signed statement ASAP while the details are fresh. Don't wait on this — the more time passes, the harder it gets.

I just want to check in — are you physically okay? Stress from this kind of insurance battle on top of recovering from an accident is genuinely rough on your body. Don't let the legal chaos push your own health to the back burner.

I'm so sorry you're dealing with this. It sounds completely unfair and I'd be just as angry. Please don't try to navigate this alone — even just a free consultation with an attorney would probably make you feel less like you're fighting in the dark.

What reason did your insurance give for reversing the determination? Did they say new evidence came in, or did they just say the decision was being reconsidered? I ask because it matters whether they actually had new info or whether they're just caving to pressure — those are two very different situations and might affect how you approach a dispute.