Yes, insurance companies can try to blame you for a car accident – even when the crash wasn’t your fault. In New Jersey and Pennsylvania, insurers may use tactics like shifting fault, delaying your claim, or misinterpreting your words to reduce or deny compensation.
If you’ve recently been in an auto accident and thought the other driver was clearly at fault, you’re not alone in feeling frustrated when the insurance company seems to think otherwise. Many injured drivers across the region ask the same question:
“The car accident wasn’t my fault – so why is the insurance blaming me for the accident?”
At Cohen & Riechelson, we hear this concern often, and understand just how discouraging it can be. Understanding how and why this happens is essential. It not only helps you protect your legal rights, but also your health, finances, and future.
Why Is the Insurance Blaming Me for the Accident?
It might sound cynical, but it’s true—insurance companies are not on your side. Whether you’re dealing with your own insurer or the other driver’s, their first priority is limiting what they have to pay out. These are profit-driven businesses, not neutral parties looking out for your best interests.
Even when fault seems clear, the insurance company may try to shift the blame or reduce the value of your claim. If you’re facing a situation where the insurance is blaming you for the accident, it may be part of a broader strategy to protect their bottom line.
Here are some of the tactics they commonly use and how you can respond.
5 Ways Insurance Companies Shift Blame After a Crash
1. Claiming You Were Partially at Fault
New Jersey and Pennsylvania both follow a modified comparative negligence rule, which allows you to recover compensation even if you were partially responsible, as long as your share of fault is 50% or less. That said, the amount you’re able to recover will be reduced based on your percentage of fault—and insurance companies know how to take advantage of that.
That’s why they might suggest you:
- Were driving slightly over the speed limit
- Looked away from the road briefly
- Didn’t leave enough following distance
- Had a worn tire or broken light
Even if the other driver clearly caused the crash (say, by running a red light), the insurer might argue you could’ve avoided it if you had reacted differently.
2. Saying There’s Not Enough Evidence
If there’s no clear documentation, such as photos, witness statements, or a detailed police report, the insurer may claim the facts are unclear and deny your claim due to “insufficient evidence.”
When the insurance is blaming you for the accident, having strong supporting documents can make all the difference:
- Photos of the vehicles and crash scene
- Names and contact information for witnesses
- A copy of the police report
- Medical records that show injury timing and severity
3. The Other Driver Changed Their Story
It’s not unusual for an at-fault driver to shift their story after the fact. What they told you at the scene might change once they realize what’s at stake—like higher insurance rates or personal liability.
They might suddenly claim that:
- You were speeding
- You “came out of nowhere”
- They had the green light
Unfortunately, insurers often side with their own policyholders unless you have clear, credible evidence to contradict the new version of events.
4. Your Statement Was Taken Out of Context
Even innocent comments can be misinterpreted. If you gave a statement to the insurance company, especially without legal advice, it might be used against you. Something as simple as saying “I didn’t see them coming” or “I’m sorry” can be twisted to suggest fault.
Insurance adjusters are trained to listen carefully for language that might be construed as an admission. That’s why it’s best to avoid giving detailed statements to the other party’s insurer without first speaking to an attorney who can protect your interests.
5. Delaying the Process to Pressure You
Sometimes, the blame game isn’t really about fault—it’s a tactic to slow things down. Insurance companies may question your version of events simply to delay the claim process.
By stalling the process or making low settlement offers, they may hope that you’ll eventually accept less than you deserve or give up altogether. If the insurance is blaming you for the accident, these delays can be exhausting and often intentional.
What to Do If You’re Wrongfully Blamed for a Car Accident
It’s natural to feel overwhelmed when you’re being blamed for something you didn’t do. But there are proactive steps you can take to protect yourself and your claim:
Avoid Admitting Fault
Stick to the facts when speaking with police or insurance adjusters. Don’t speculate or apologize, even casually.
Gather Evidence Right Away
Photos, video, and eyewitness accounts can make or break a claim. The sooner you document the scene, the stronger your case.
Seek Prompt Medical Treatment
Delaying medical care gives insurers room to argue that your injuries aren’t serious or were caused by something else.
Be Cautious on Social Media
What you post can be used against you. Even lighthearted content may be taken out of context to minimize your claim.
Talk to a Car Accident Lawyer
When the insurance is blaming you for the accident, legal guidance can ensure your side of the story is clearly presented and supported with the right evidence.
At Cohen & Riechelson, we’ve helped countless individuals push back against unfair insurance tactics and fight for the compensation they deserve. We understand how these systems work—and how to challenge them.
Why Legal Guidance Can Make the Difference
Being unfairly blamed for a crash doesn’t just threaten your claim—it can take a toll on your recovery, finances, and peace of mind. A car accident attorney can:
- Conduct an independent investigation
- Secure and evaluate key evidence
- Challenge incomplete or misleading narratives
- Handle all communication with the insurance company
- Advocate for fair compensation based on the facts
Whether the Crash Happened on a Highway or a Side Street, We’re Here to Help
Whether your crash happened on a major highway or a quiet local road, our team is here to listen, explain your options, and help you move forward with confidence. We’ll take the time to understand your situation, answer your questions, and protect your right to seek compensation.
Serving Car Accident Victims Across NJ and PA
At Cohen & Riechelson, we represent clients across New Jersey and Eastern Pennsylvania who are facing complex insurance disputes after serious car accidents. From our Hamilton, NJ office, we serve communities throughout Mercer and Middlesex Counties, including Trenton, Ewing, Lawrence Township, Princeton, South Brunswick, New Brunswick, North Brunswick, Plainsboro, and beyond.
From our offices in Bensalem and Philadelphia, we work with clients throughout Philadelphia County and Lower Bucks County, including Northeast Philadelphia, Levittown, Yardley, Morrisville, Fairless Hills, Langhorne, Feasterville-Trevose, and nearby areas.
Whether your crash happened on I-295, Route 1, the NJ Turnpike, or the Pennsylvania Turnpike, if you've been left with serious injuries in the aftermath we’re here to help you understand your options and move forward with confidence.
Speak With an Attorney Today
If you’ve been injured in a crash and now the insurance is blaming you for the accident, don’t try to handle it on your own. You have options and you don’t have to face the insurance company alone.
Contact Cohen & Riechelson today to schedule a free consultation. We’ll help you understand your rights and explore the next steps.
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Every case is different. For legal guidance specific to your situation, contact a qualified attorney.