How to Remove an At-Fault Accident From Your Record

An at-fault accident designation can significantly impact a driver’s record and insurance premiums. While the physical event of an accident cannot be erased, it is possible to dispute the fault assignment. This article outlines the steps and considerations for challenging an at-fault determination.

Understanding At-Fault Accidents

An “at-fault” accident means a driver is legally responsible for causing a collision, often due to negligence such as speeding or distracted driving. Law enforcement officers gather information at the scene and may include their observations and preliminary findings in an official report, sometimes indicating who they believe was at fault. However, police reports are not always the final or legally binding determination of fault.

Insurance companies play a significant role in determining fault through their own investigations. An insurance adjuster collects evidence, reviews police reports, and interviews involved parties and witnesses to establish liability. Once fault is assigned, this designation typically appears on your insurance company’s internal claims history and potentially on your Motor Vehicle Record (MVR) maintained by the Department of Motor Vehicles (DMV) or a similar state agency. It is important to note that “removing” an at-fault accident generally means successfully challenging the fault determination, rather than physically erasing the accident event from all records.

Gathering Information for a Challenge

Before initiating a formal challenge, collect specific documentation and evidence to support your case. Obtaining a copy of the official police report is a foundational step, as it provides an initial account of the accident and can be amended if it contains inaccuracies. You can typically request this report from the local law enforcement agency that responded to the scene, often for a small administrative fee. It may take several days or weeks for the report to become available.

Photographs and videos from the accident scene are crucial visual evidence. These should capture the positions of vehicles, visible damage, skid marks, road conditions, and any relevant traffic signs or signals from multiple angles. Witness statements, including their contact information, can provide unbiased third-party accounts that corroborate your version of events. Medical records, if injuries were sustained, and repair estimates for vehicle damage also contribute to a comprehensive understanding of the incident’s impact. Maintaining a record of all correspondence with involved insurance companies will be valuable during the dispute process.

Steps to Challenge an At-Fault Determination

To challenge an at-fault determination, contact the insurance company promptly, ideally in writing, to notify them that you dispute their finding of fault. This written communication should clearly state your disagreement and reference any supporting evidence. Submitting your gathered evidence, such as photos, witness statements, and police report addendums, allows the insurance adjuster to re-evaluate their initial decision. Some insurance companies have internal dispute processes that may involve presenting your side of the story to an adjuster or a review panel.

If a traffic citation was issued in connection with the accident and contributed to the at-fault finding, it is often advisable to contest it in court. A successful challenge to a traffic ticket can weaken the basis of the at-fault determination by the insurance company. For challenges related to your Motor Vehicle Record (MVR), you may need to engage with the state’s Department of Motor Vehicles or equivalent agency. This typically involves specific forms or a formal hearing process to present your case and evidence for review.

What Happens After a Challenge

After submitting your challenge, the insurance company or state agency will conduct a review or further investigation based on the new information provided. This investigation often involves a re-evaluation of the evidence, potentially leading to a revised assessment of fault. The possible outcomes of this review can vary; the initial fault determination might be upheld, adjusted to reflect shared responsibility, or potentially reversed entirely.

If the insurance companies involved cannot reach an agreement, the case may proceed to arbitration, where a neutral third party reviews the evidence and assigns fault percentages. If arbitration does not resolve the dispute, either party may consider litigation, where fault is decided through legal processes in a courtroom. You will typically be notified of the decision by the entity reviewing your challenge through official communication channels. The goal of this process is to ensure an accurate fault assessment based on all available evidence, rather than simply removing the record of the accident itself.