The Shoulder
The Shoulder
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Insurance marked me at-fault but I just won the lawsuit — can I get that cleared?

This has been eating at me for a while and I finally need some outside perspective.

About 18 months ago I got hit by someone who blew through a yield sign and clipped the front of my car pulling out of a side street. My car was pretty banged up — theirs barely had a scratch. Despite that, my insurance company did their little "investigation" and decided I was partially at fault. I was furious but I didn't have the energy to fight it at the time.

Fast forward to a few months ago — the other driver actually sued me for personal injury damages. We went through the whole process and the judge sided with ME completely. The written ruling basically said the other driver failed to yield, entered my lane illegally, and that I had the right of way the entire time. Case dismissed, judgment in my favor.

So here's my question: now that I have an actual court judgment saying I wasn't at fault, can I go back to my insurance company and get that original at-fault determination removed from my record? It's been affecting my premiums ever since and honestly it just feels wrong to have it sitting there when a judge literally put in writing that I did nothing wrong.

Does anyone know how this process works? Do I just call them and send the court documents, or is there some formal dispute process I have to go through? And is there a time limit on this kind of thing?

I've already been paying higher rates for over a year because of something a judge said wasn't my fault. Really hoping there's a way to fix this.

12replies

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12 replies

  • 15
    silent-dove-339

    I went through something almost identical. Insurance slapped an at-fault label on me, I fought it in court and won, then had to go back and deal with the insurance side separately. The court win definitely helped but it wasn't automatic — I had to formally dispute it with my insurer and submit the judgment documents. Took a few months but they did eventually update it. Don't give up, it's worth pushing.

    • 2
      quiet-passenger353

      This is exactly what I needed to read today. Thank you.

  • 19
    kind-heron-907

    Former adjuster here. Insurance companies make their fault determinations independently from courts — they're operating under their own policy language and internal guidelines, not legal standards. That said, a written court judgment is about as strong as evidence gets. Most carriers have a formal dispute or reconsideration process. Call your insurer, ask specifically to open a 'fault determination dispute,' and reference the court order immediately. Don't just send an email and hope someone notices it. Be persistent and document every conversation.

  • 14
    patient-fox-782

    The court judgment is your best asset here. Get certified copies of the final ruling — not just a printout, actual certified copies from the court clerk. When you contact your insurer, ask them to put the dispute process in writing and request confirmation of who is handling your file. Also worth checking whether your state insurance commissioner has a complaint process, because if the insurer refuses to revisit a determination that a court directly contradicted, that might be worth escalating.

  • 16
    bright-crow-127

    Don't be surprised if they give you the runaround. Insurers have zero financial incentive to rush through reversing an at-fault mark — they've already been collecting your higher premiums. Go in with the paperwork ready, stay firm, and don't let them stall you with 'we'll look into it' indefinitely. Set a timeline in every conversation and follow up in writing.

    • 9
      weary-optimist594

      This is really helpful — thank you for posting it.

  • 7
    wise-hare-455

    Not legal advice, but the certified court judgment is genuinely powerful documentation in this situation. Most states also allow you to file a complaint with the Department of Insurance if your insurer refuses to reconsider a determination that contradicts a court ruling. If your insurer is completely unresponsive, a quick consult with a local attorney who handles insurance bad faith cases might clarify your options. Many do free consultations.

  • 9
    mellow-bison-947

    Call them today. Don't wait. Every month that passes is another month at an inflated premium rate. Bring the judgment, be calm but direct, and ask them specifically what their internal dispute process requires. If the first rep doesn't know, ask for a supervisor. This is fixable — but only if you push.

    • 1
      curious-wanderer780

      That lines up with what my adjuster told me too.

  • 19
    tidy-wolf-408

    Honestly this whole situation sounds so exhausting. You went through an accident, then a lawsuit, won in court — and now you still have to fight the insurance company? I really hope you get this sorted. You deserve to have your record reflect what actually happened.

    • 7
      curious-neighbor335

      How long did it end up taking in your case?

  • 8
    clear-kestrel-960

    Quick question — did the court rule on pure liability, or was there any comparative fault finding at all? Because if the judgment had even a small percentage assigned to you it could complicate things with the insurer. A clean 'judgment for defendant, zero liability' is a very different document than one with partial fault findings.