Disputing Fault in Automobile Accidents
Car accidents are tough. While dealing with bodily injuries and damage to your car and other personal belongings, you also have to deal with disputing fault with the insurance company.
It is hard enough alone, but when the insurance company thinks it is your fault, it is even harder. If you are the one found at fault, you could be charged by your insurance company and the cost of your premium could rise.
Ways to Dispute Fault in Car Accident
Once a car accident happens that you believe is not your fault and you have assessed your injuries, you can file a personal injury claim with the other driver’s insurance company, and the claim can be won by proving the negligence of the at-fault driver.
In this case, you and the other driver are both sending letters disputing who was at fault in the car accident, and it’s up to you to prove to the insurance company with enough evidence demonstrating that you were not at fault.
If the other driver was injured and thinks you are at fault, you need to report the accident immediately to your insurance company, because they file a claim against you.
If other driver’s insurance company believes you caused the accident, they will either deny your claim or offer you a very small settlement. If this happens, it is in your best interests to get a lawyer, because you will have to go to court and present the case in front of a judge disputing your involvement in the car accident.
Some insurance companies have policies regarding disputed fault claims and you may be asked to give a statement of your side of the story to an insurance adjuster. Talk to the insurance adjuster who reviewed your case, and if you need to, talk to his or her superiors. If the company still will not change their decision, you may need to look into state or federal laws. Most states have protective laws in unfair liability issues, as well as a state body that oversees insurance affairs.
You generally need to make your request in writing, and once it is received an investigator will be sent to examine the case and decide how to proceed forward.
How to Prove You Were not at Fault
To turn the case around, you need to first understand how the claim is decided when you and the other driver are both accused of negligence. You then need to definitively prove the other driver was at fault.
Evidence is extremely important in the case of disputing fault, and it may be the only thing that can save your name. The physical evidence needs to be very specific to show how the accident occurred.
Photographic evidence of the scene best shows:
- Where the cars are damaged;
- How badly the cars were damaged;
- The location of the cars after the accident;
- Skid marks on the road;
- Where pieces of the cars landed; and
- Any traffic signs that should have been obeyed.
If you are able, take as many photos from as many angles as you can.
Witness statements are also necessary, because passersby are not involved and neutral, so judges and juries are more likely to believe them over you or the other driver. You should gather names, addresses, and phone numbers of witness that are willing to testify so you can use them in your claim.
Police reports have even more influence than witness statements. If you are ever involved in an accident, always call the police. Most states do have laws requiring police involvement for more severe accidents involving injuries or high damage costs.
However, you may not think it is necessary in a small accident, but you never know what problems may occur afterwards.
Filing Your Own Claim
When sending your own demand letter, you need to not only include a description of the event and the damages and injuries you sustained, but you also need documentation. Provide copies of repair invoices, hospital bills, police reports, and your photos.
Being organized and calm is important. It is frustrating to have to fight the decision, but getting angry may make the insurance companies and court officials less likely to want to work with you.
Contact a Personal Injury Attorney Today
If you were involved in an auto accident and have questions regarding how to dispute fault, you should schedule an appointment with a personal injury attorney today. An attorney will help you make sure you have all the information you need and give you the best chance of winning your case.