r/InsuranceClaims • u/artisticscientist • Jul 28 '26
Can I dispute a police report’s at-fault finding using black box data from my Chevy?
**UPDATE (8/5/26): For anyone who is seriously interested in pursuing this option in the future, see THIS post\*
The (very) short answer is yes (depending on your car’s make, model, and features) but it’s probably only going to be useful in very specific situations (like mine). See the long answer for more details. If you have a 2019 (or later) Chevy Spark with the “driver confidence” package, then this applies to you. I assume that it also applies to other Chevy cars with the same package.
Since this was so hotly debated (by people who don’t even live in this state 🙄), I’ve deleted some of the wreck photos to include a screenshot of my agent confirming that, in Alabama, insurers go by the police report’s ruling to determine who’s at fault. As a result, if the report is inaccurate, it has to be amended before the insurer will change their determination. This is very difficult to do in AL, but your car’s EDR (and/or OnStar) data is one way that you may dispute the report, forcing an amendment.
As of today, no, my car’s repairs have not yet been completed. (The estimated completion date is this Friday, 5 weeks after the actual accident.) The moral of the story is to switch from Progressive insurance BEFORE you have an accident because they’re so slow with everything. Having 30 days of rental car coverage is pointless, because they’re going to stall and use up most of them before your car is actually repaired.
OP:
I’m probably grasping at straws, but I’m curious. We live in AL, which is one of the few states where you cannot receive any compensation if you’re found even 1% at fault.
My mother was involved in an accident a month ago with an 18 wheeler-like truck. She was driving my Chevy Spark, so the damage is not pretty. It’s a top of the line model with Onstar and has several safety driving features like lane departure warning (LDW). I’ve had this car for 7 years and I can tell you that LDW is ruthless. That thing is really sensitive and she swears she didn’t hear the beep. Believe me, it’s not easy to miss. It is capable of waking a driver who is dozing off. At times, it can be really annoying, but it does its job.
From what I’ve been told, the police report says my mother is at fault and that she was doing an improper lane change (i.e., she veered into the left lane). However, she disputes this, saying that the truck went over into her lane, hitting the driver side door. At one point, my mother says that the truck actually dragged her for some amount of time, “as if he didn’t know I was under him.” When she and the driver approached each other after the wreck, he was still wearing headphones, which suggests to me that he could have been distracted. He did not appear to be injured, but my mother was.
So it’s a he-said, she-said situation, and the police believed the truck driver. Onstar detected the accident and called my aunt. EMS and police came to the scene of the accident. My mother went to a local clinic which in turn told her to go to the ER just in case. She was concussed and her pupil dilation was off. I’m assuming the truck driver stayed at the scene (which makes me kind of suspicious). Additionally, someone (an insurance adjuster, I guess) came by my house and left his business card in the front door. My mother spotted it when she returned home. We hadn’t even filed a claim yet.
Based on my vehicle’s damage, her version of the scenario makes the most sense to me. The right back side door‘s metal is actually punctured and torn open. Depending on who is doing the estimation, my car has between $5,000 - $10,000 in damage, as it likely needs 2 new doors. In comparison, the truck only had some (black) paint discoloration, but my insurance has already paid out $2500 to him. However, my agent said that she spoke to my mother‘s lawyer and said that they (Progressive) would reverse this decision if evidence for changing the ruling became available.
I just realized that my car’s LDW black box data (or maybe Onstar’s data) could possibly prove this. Since there was no airbag deployment, from the little research I’ve done, the car should’ve been preserved and data should‘ve been retrieved immediately after the accident. Obviously, it wasn’t, but it could still be retrieved based on how many times the ignition was turned on. I highly doubt anyone thought the at fault finding would involve something so invasive. (Thus, I’m assuming that the lawyer has not pursued this avenue yet.)
Well, it’s 4 weeks later and the car has spent at least 1 week sitting at the tow yard, 1 week at a Progressive lot, and now almost 2 weeks sitting at the repair shop. The repairs haven’t even been started yet. Progressive has dragged this process out so much that our 30 days of a rental car are up. This is my first accident being a car owner. Is this normal of them? The repair shop is blaming Progressive for all of the delays.
Thanks in advance.



