ATLANTA, Ga. (CBS46) Picture this. Another driver hits your car and he gets the ticket. But your insurance company says you’re partly to blame. It’s a hush-hush practice that Better Call Harry has caught insurers doing on several occasions.

19-year-old Journi Ross and her parents reached out to Harry after an accident that totaled her Volkswagen Jetta. The other driver slammed into the back of her car and Ross ended up in the hospital. Police cited the other driver for following too closely. The case should have ended right there.

But Allstate, the family’s insurer as well as the at-fault driver’s insurer, shocked Ross by assigning her 40% of the blame. Allstate says the other driver told the adjuster that Ross did not have her lights on. But that wasn’t in the police report.

Harry has reported on other cases where major insurers disregarded police citations. Last year, Progressive hit a Hampton woman with 30% of the blame after a teen blew a stop sign and ran into her car. In a previous story, Geico gave a driver who was not at fault a percentage of the blame.

The Rosses went to court and were prepared to fight. But the driver took a plea and paid the fine. Harry told Allstate, and, in less than a day, an Allstate representative apologized and cut Ross a $3,000 check for her 2002 Jetta.

What’s Harry’s takeaway? If you’re in the same situation as Journi Ross, a police report is not enough. Find out if the other driver paid the ticket. If you have to, follow the case to court. If he did pay the ticket, that is an admission of guilt. Report it to your insurer.

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