Disputing the Citation and Police Narrative
A traffic citation is strong evidence of fault, but it is not conclusive in a civil claim — and adjusters know this. The insurer may argue that the officer did not witness the collision directly, that the citation was issued based on one driver's version of events, or that the violation did not actually cause the crash. These arguments are designed to introduce enough doubt to justify a lower offer.
Counter by supplementing the citation with independent evidence. Traffic-camera footage that confirms the signal status, witness statements that corroborate the officer's findings, and physical evidence — skid marks, damage angles — that align with the cited violation collectively make the insurer's challenge unsustainable. The more sources that agree, the weaker the dispute becomes.
Challenging Medical Expenses as Excessive
Adjusters routinely challenge medical bills as unreasonable, arguing that the treatment was excessive for the type of collision or that a cheaper alternative was available. They may also question whether follow-up appointments, physical therapy sessions, or specialist referrals were medically necessary. The goal is to reduce the economic baseline on which your non-economic damages are calculated.
Arm yourself with your treating physician's notes explaining why each procedure was ordered. If the physician documented a clinical rationale — imaging showed a herniated disc, physical therapy was prescribed to restore range of motion — the "excessive" argument loses force. Keep a complete, chronological record of every treatment, referral, and prescription so you can present an unbroken chain of medical reasoning.
The Quick-Settlement Pressure Play
Within days of the accident, the adjuster may call with a settlement offer and frame it as time-sensitive: "This is a courtesy offer that expires next week." The urgency is manufactured. The insurer benefits from closing the claim before you understand the full extent of your injuries or consult an attorney. Once you sign a release, you forfeit the right to seek additional compensation regardless of how your condition develops.
Decline early offers and let your treatment run to completion. You lose nothing by waiting — the statute of limitations gives you time, and your documented losses only grow as medical bills accumulate. An insurer that offers $5,000 in week one may eventually pay many times that amount when confronted with a fully documented demand months later.
The Comparative-Fault Inflation
Even when the other driver clearly violated a traffic law, the insurer may argue that you contributed to the collision — by following too closely, failing to take evasive action, or being distracted. Under comparative-fault rules, every percentage point of blame assigned to you reduces your recovery dollar-for-dollar.
Fight this by building a timeline of the seconds before impact. Dashcam footage, traffic-camera recordings, and witness accounts can show that you had no opportunity to avoid the collision or that you reacted reasonably. The police report's diagram of vehicle positions also matters — if it shows the other vehicle clearly encroaching into your lane or running a light, the adjuster's comparative-fault argument has little factual support to stand on.
This is general information, not legal advice — consult a licensed attorney in your state. trafficaccidentlawyer.us is an independent information site, not a law firm.
Before you rely on any number here
This page is general information, not legal advice. Nothing on trafficaccidentlawyer.us creates an attorney–client relationship, and no estimate produced by the calculator is a valuation, a prediction or an offer.
TrafficAccidentLawyer.us is an independent informational website operated by Mustafa Bilgic, an individual who is not a licensed attorney and does not run a law firm. We do not accept cases, review documents, negotiate with insurers or refer you to a particular lawyer.
Deadlines, fault rules, damage caps and insurance requirements differ by state and change over time, and a missed deadline can end a valid claim permanently. Consult a licensed attorney in your state before you accept, reject or file anything. To find one independently, use your state bar’s referral service or the American Bar Association’s Find Legal Help directory.
Questions
Frequently asked questions
Can the insurer ignore the police citation entirely?
In a civil claim, the insurer is not legally bound by a traffic citation. It can argue that the citation was incorrect or that the violation did not cause the crash. Your job is to present independent evidence — footage, witnesses, physical proof — that confirms the citation's conclusion.
What if the insurer says my treatment was unnecessary?
Request a written explanation of which treatments the insurer considers unnecessary and why. Then obtain your treating physician's response, explaining the clinical basis for each procedure. A physician's documented rationale carries substantial weight in negotiation and at trial.
How do I know if a settlement offer is fair?
Add up your documented economic losses — all medical bills, lost wages, out-of-pocket costs — and apply a reasonable non-economic multiplier of 1.5 to 5 based on injury severity. If the offer falls below your economic total alone, it is almost certainly inadequate. An attorney can benchmark the offer against comparable outcomes in your jurisdiction.
Should I counter the insurer's offer or reject it outright?
Counter with a specific number supported by your documented damages. Outright rejection without a counter can stall the negotiation. Each exchange should reference evidence the insurer has not yet addressed, which forces the adjuster to justify an increasingly difficult position.
- Sources: state comparative-fault statutes · Insurance Information Institute · Bureau of Labor Statistics · IRS Pub. 4345 · NHTSA
- Last reviewed 2026-08-25. Statutes, caps and fault rules change — re-check anything time-sensitive with a licensed attorney.