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The accident was a fender-bender, about $3-4K damage to cars, no injuries; police were contacted but did not come, and both parties submitted written accident reports to police afterwards and contacted their insurer (both used the same company).

Following up, I also submitted dash cam footage, photos of scene, narrative, and analysis with additional photos which, I argued, demonstrate that I had the right of way and the other driver was speeding, distracted, and driving recklessly. Insurer nonetheless found me 100% liable. When asked for an explanation, the insurer said they had made their decision, and unless I had new evidence to submit, they considered the case closed. The accident was reported to the State BMV, and I would assume, the insurance clearing house.

Given the impact of a chargeable accident to my insurance costs (either with this insurer or another), it would seem an explanation is in order. I wonder: did they read my submission? Was it understandable? Was there other evidence submitted that I have no knowledge of? It occurred to me that they may not care to spend time on it because there's no incentive - they pay out the same amount regardless of which driver was at fault, since they insured both.

Can they do this? Is this a case of "it's their game and they make the rules"?

(This is my first post on this exchange; please forgive me if my question is not appropriate. I'm not sure where lies the line between seeking understanding and asking for legal advice - which I know is verboten.)

—— Edits:

  1. @o.m. - Everything in Ohio, USA (accident, registered addresses, policies issued)
  2. @Greendrake - I have not read the fine policy fine print, which is voluminous; just what would I be looking for?
  3. @Trish - correct, BMV = Bureau of Motor Vehicles (Ohio)
  4. @Stuart F - thx tip, I found an ombudsperson and will pursue.
  5. @Weather Vane - yes, I did tell them I had submitted additional evidence, and asked them to review it. It is possible that they made their decision before they received or reviewed it, or that they did not review it; I will pursue those possibilities. Your wondering whether they told the other driver he was 100% responsible too feeds my cynicism deliciously - but I wonder - if this should be true, would that be illegal, vs simply an internal business decision?
  6. Additional item: I had a good deal of trouble uploading my dashcam video, either because the file was too big or their security system blocked the transfer. They did confirm receipt, but I can ask reconfirmation for each filename. (Parenthetically, I wonder if it’s worth the trouble given that they may not care to spend time on it.)
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    Did you read the policy fine print? What does it say?
    – Greendrake
    Commented Apr 7 at 1:34
  • 2
    Which country? Which state? From the term "BMV," I guess it isn't the one I live in, but that might be a translation.
    – o.m.
    Commented Apr 7 at 4:32
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    BMV might be the Bureau of Motor Vehicles, or something to that effect.
    – Trish
    Commented Apr 7 at 11:39
  • @o.m. The only places where I could find that the government agency that handles vehicle information is called the BMV are Ohio and Indiana.
    – Someone
    Commented Apr 7 at 16:02
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    An insurer may choose to accept some or all liability for a claim rather than go to court and have liability decided via an expensive legal procedure. This isn't terribly unusual in all kinds of insurance. You may be able to complain e.g. to an insurance ombudsperson or regulator, but the details will vary depending on where you are.
    – Stuart F
    Commented Apr 8 at 11:17

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