The insurer says it was my fault
A letter or a call from the insurer has just told you that you caused this.
An insurer telling you the accident was your fault can feel like the case is already closed against you. That assessment is the insurer’s own view of the evidence it has reviewed, not a court’s final decision. It can be challenged, and it often changes once more evidence is put forward.
Why an insurer’s word can feel so final
Insurers write with an authority that sounds official, and their letters rarely explain that the view is provisional. When you are already dealing with pain, medical appointments and lost income, being told you caused it too can feel like the last straw.
That letter is one party’s read of the facts, prepared by a loss adjuster working for the insurer, not an independent judge of what happened.
What an insurer’s assessment actually is
An insurer’s fault assessment is an opinion formed from the evidence available at the time, which may be incomplete or based on only one side’s account. Who is at fault after an accident is genuinely decided by weighing the police report, witness statements, road evidence and vehicle damage together, not by a single letter.
Understanding how the insurer’s adjuster actually works helps explain why an early assessment can look one-sided before your own evidence is fully considered.
What to do if you disagree
A few steps put your side of the picture back into the assessment.
- Ask specifically what evidence the assessment was based on.
- Provide your own account, in writing, as clearly and factually as you can.
- Share any evidence you have: photos, witness contact details, medical records.
- Point to the police report if it supports your version of events.
If part of the disagreement is that you were partly, but not solely, at fault, contributory negligence explains how shared responsibility is actually handled.
The honest limits
Sometimes an insurer’s assessment turns out to be correct once all the evidence is considered, and disputing it does not guarantee a different outcome. If the disagreement cannot be resolved through negotiation, the matter can be taken to the Sessions Court, which has unlimited jurisdiction to hear motor-accident claims of any size.[1]
What to do next
Being blamed by an insurer is a starting position to respond to, not a verdict to accept quietly. Setting out your account and evidence clearly is the right next step, and do you need a lawyer can help you put that response together.
Common questions
Is the insurer's assessment of fault final?
No. It is the insurer's own view based on the evidence it has reviewed, and it can be challenged with your own evidence, further documentation, or ultimately through the courts if it cannot be resolved by negotiation.
Why would an insurer blame me when I was the one injured?
Insurers assess liability from the information available to them, which can be incomplete, contested, or read differently from how you experienced the accident. That does not make their first view automatically correct.
What should I do if I disagree with their assessment?
Set out your own account clearly, provide any evidence you have, such as photos, witness details or the police report, and ask what specifically the assessment was based on before accepting or disputing it further.
Could this end up in court?
It can, if liability genuinely cannot be agreed through negotiation. Most disputes over fault are resolved before that point, and the Sessions Court has unlimited jurisdiction to hear a motor-accident case if it does proceed that far.
Sources
- Office of the Chief Registrar, Federal Court of Malaysia (accessed 2026-09-22)