Other Driver Was Cited Meaning: What It Means for Your Accident Claim

What Does 'Other Driver Was Cited' Mean?

When a police officer writes a traffic citation, it is a formal allegation that the driver violated a traffic law. Common citations after accidents include:

• Failure to yield, the officer determined the driver did not give the right of way
• Speeding, the driver was exceeding the posted limit or driving too fast for conditions
• Running a red light or stop sign, a clear violation that usually establishes fault
• Improper lane change or following too closely, these also point to negligent driving

The citation is documented in the police report, which your insurer can obtain. The report includes the officer's observations, the citation number (usually a traffic ticket number), and a diagram of the accident scene. Your insurer will use this as a key piece of evidence, but it does not automatically decide fault, the insurance company conducts its own investigation.

According to the Insurance Information Institute (III), insurers consider police reports as one of several factors when determining liability. The other driver's insurance company may still argue that you share some fault, even if the other driver was cited. However, a citation for a moving violation like running a red light makes it very difficult for the other driver's insurer to deny fault entirely.

Insurance adjusters review police reports, citations, and physical evidence from the accident scene to assign a percentage of fault to each driver. Here is how they typically process a claim involving a cited driver:

1. Obtain the police report, The adjuster requests the report from the local law enforcement agency. This can take a few days to a week.
2. Review the citation details, The adjuster reads the specific violation cited and the officer's narrative. A citation for a serious violation like reckless driving is weighted more heavily than a citation for a minor violation like expired tags.
3. Interview each driver, The adjuster will speak with you and the other driver to gather your accounts. The other driver's version of events may differ from what the officer wrote.
4. Assess liability, The adjuster makes a preliminary fault determination. If the cited driver is 100% at fault, their insurance pays for your damages. If you share some fault, the payout may be reduced proportionally.
5. Resolve the claim, The insurers negotiate or go to arbitration to finalize the fault split. A citation greatly strengthens your position.

Insurers use the legal concept of "negligence", the failure to exercise reasonable care. A traffic citation is strong evidence of negligence. Most insurers will accept a citation as proof of fault and pay the claim without extensive litigation. However, some drivers fight the citation in court, which can delay the process. If the other driver is convicted, that conviction becomes even stronger evidence in any civil claim for damages.

If the police report indicates the other driver was cited, follow these steps to protect your claim:

1. Get a copy of the police report, Obtain the report from your local law enforcement agency. You may need to pay a small fee (often $10–$30). Your insurance company can also request it.
2. Notify your insurance company immediately, Report the accident and tell them the other driver was cited. Provide the citation number and the officer's name if you have it.
3. Document everything, Take photos of the accident scene, damage to both cars, and the other driver's license plate. Keep copies of any medical bills, towing receipts, and rental car invoices.
4. Do not admit fault, Even if you think you may share some blame, let the evidence speak. A citation for the other driver is strong evidence that their negligence caused the accident.
5. Follow up with your adjuster, Ask about the timeline for the fault determination. If the other driver's insurance is slow to accept liability, consider filing a claim under your own collision coverage (if you have it) to get repairs started faster.
6. Consult an attorney if needed, If the other driver's insurer disputes fault or your injuries are significant, a personal injury attorney can help negotiate a fair settlement.

The bottom line: a citation for the other driver is a strong advantage, but it is not a guarantee. Insurers can still disagree on liability, especially if the accident happened in a no-fault state or if there are disputed facts. Your best move is to document the accident thoroughly, cooperate with your insurer, and know that a citation significantly tips the scales in your favor.

Expert Tips

• Get the citation number from the police report, it speeds up your claim.
• File with the other driver's insurance only after you have the report, it gives you leverage.
• If the other driver fights the ticket, wait for the court outcome, a conviction strengthens your claim.
• In no-fault states, a citation still affects who pays for property damage, even if medical bills go through your PIP.
• Check your policy: some insurers offer accident forgiveness if you were not at fault, keeping your rates steady.

Mistakes to Avoid

• Assuming the citation automatically means you are 100% not at fault, shared fault is possible.
• Failing to report the citation to your insurer, they can obtain the report themselves, but alerting them is faster.
• Admitting fault at the scene, even an apology can be used against you.
• Ignoring the statute of limitations, property damage claims have shorter deadlines than injury claims.

Pros and Cons

👍 Pros:

• Strong evidence of the other driver's negligence
• Faster claim resolution, insurers often accept liability quickly
• Less likely your insurance rates will increase

👎 Cons:

• Citation may be contested, delaying the claim
• Shared fault is still possible, reducing your payout
• You may still need to pay your deductible upfront if you use your own coverage

Bottom Line

A citation for the other driver is a powerful tool in your insurance claim, but it does not guarantee a smooth process. Document everything, cooperate with your insurer, and consider legal help if the other insurer disputes fault. The citation is your strongest piece of evidence, use it wisely.