The Insurance Company Is Blaming Me for the Crash. What Now?
Short answer: An adjuster saying the crash was your fault is a negotiating position, not a ruling. In Utah, fault is divided by percentage, and you can still recover as long as the people you are claiming against are more at fault than you. The insurer's number and the police report can both be challenged with evidence: photos, video, witnesses, vehicle data, and the physical damage. What you say to the adjuster early on often matters more than anything else.
Why insurers push fault onto you
Utah uses modified comparative fault under Utah Code 78B-5-818. Your own fault does not automatically bar you. You can recover from a defendant or group of defendants whose combined fault exceeds yours, and your damages are reduced by your share. If your share reaches 50 percent, you recover nothing.
That structure gives the insurer a reason to argue every percentage point. A hypothetical, using round numbers for illustration only:
| Your share of fault | Result on $100,000 of damages (hypothetical) |
|---|---|
| 0% | $100,000 |
| 20% | $80,000 |
| 40% | $60,000 |
| 50% | $0 |
Notice what a "50/50" position really means in Utah: it is a denial with friendlier wording. When an adjuster offers to "split fault down the middle," they are telling you they intend to pay nothing on the injury claim.
The adjuster does not decide fault
An insurance company's liability decision binds no one but the insurance company. If the claim does not resolve, the fact finder, meaning a jury or a judge, assigns the percentages. The statute lets the fact finder allocate fault to each person seeking recovery, each defendant, and in some cases people who are not parties to the case (78B-5-818(4)). That last point matters: an insurer may try to shift blame onto a third driver, a vehicle that drove off, or a road condition. Those arguments need evidence too.
If the insurer blames an unidentified car that never touched anyone, a different rule applies to your own uninsured motorist claim. Proving a no-contact phantom vehicle under that coverage takes clear and convincing evidence beyond your own testimony (Utah Code 31A-22-305(6)), which is one more reason to find independent witnesses early.
The police report is not the final word
People who see "Driver 1 at fault" on a report often assume the question is settled. It is not. In most crashes the officer arrived afterward, did not see the collision, and wrote down a version assembled from short statements at the scene, sometimes from people who were shaken, hurt, or talking over each other. Reports can contain wrong street directions, swapped vehicle numbers, or missing witnesses.
If the report is wrong, ask the agency whether it will accept a supplemental statement or correct a factual error, and build the evidence that shows what actually happened. If you received a citation, get advice before you resolve it. A citation is one piece of evidence, not a verdict on civil fault, but how you handle it can come up later.
Evidence that changes a fault decision
Photographs
Where the vehicles came to rest, where the damage is on each car, skid marks, debris fields, traffic signals, signs, and sight lines. Damage location alone often settles who hit whom and at what angle. If you did not take photos at the scene, take them of the vehicles now, before repairs, and of the intersection at the same time of day.
Video
Business security cameras, doorbell cameras, dashcams, transit cameras, and traffic cameras. Much of this footage is overwritten within days or weeks, so a written request to preserve it should go out immediately.
Witnesses
Names and phone numbers of anyone who stopped, including other drivers and passengers. The crash report may list them. Independent witnesses with no stake in the outcome carry the most weight.
Vehicle data
Many modern vehicles have an event data recorder that captures information such as speed, braking, and throttle in the seconds around a crash. That data can confirm or contradict a driver's account, but it can be lost when a vehicle is repaired, totaled, or sold. If the other driver's speed or braking is disputed, the vehicle needs to be preserved before it goes to auction.
Other records
911 recordings, dispatch logs, phone records when distraction is suspected, and repair estimates that document the point of impact.
What you say is evidence too
Many fault disputes are built out of the injured person's own words. "I didn't see him until the last second," "I might have been going a little fast," or "I'm so sorry" can be turned into an admission even when you meant something else. Adjusters for the other driver often ask for a recorded statement in the first days after the crash, while you are hurting and before you have seen the report.
You are not required to give the other driver's insurer a recorded statement. Your own insurer is different; your policy usually requires cooperation. Our article on recorded statements to insurance adjusters covers what to expect. Once you hire our firm, we handle all communication with the insurance companies, so the adjuster is no longer talking to you directly.
While fault is being fought over
A fault dispute does not stop your own coverage. Your PIP pays medical bills and a portion of lost wages regardless of who caused the crash (31A-22-307). Collision coverage, if you carry it, can repair your car while the liability question is sorted out. See who pays your medical bills first.
Keep the deadlines in view. Most Utah injury claims must be filed within four years; claims involving a government vehicle or employee require a notice of claim within one year. Our statute of limitations guide has the details.
Common questions
The other driver's insurer denied my claim. Is that the end?
No. A denial is the insurer's decision about its own money. You can respond with evidence, and if that fails, the claim can be filed so a court decides fault.
Can I recover if I was partly at fault?
Yes, if your share is less than the combined fault of the people you are claiming against. Your recovery is reduced by your percentage, and at 50 percent or more you recover nothing.
The other driver changed their story. What now?
It happens often. Independent evidence, such as video, vehicle data, damage patterns, and neutral witnesses, is what resolves a credibility contest, which is why it should be gathered before it disappears.
Should I apologize or explain myself to the other driver's adjuster?
Be polite and brief. Give basic contact and insurance information, and hold the detailed account of the crash until you understand the claim.
Related questions: gaps in medical treatment, finding every insurance policy, and how car accident attorneys handle insurance claims.
If an insurer is putting the crash on you, our legal team can review the report and the evidence with you. Call (801) 921-5134 or send us a message. Free consultation. No attorney fees unless we win. Hablamos Español.