In many car accident cases, it is overwhelmingly clear who is at fault. However, being blamed for a car accident you didn’t cause can be frustrating and costly. Fault determines who pays for medical bills, repairs, and other damages—so disputing an incorrect car accident fault determination is necessary so you can hold the other driver liable for their actions.
Disputing fault in a car accident is a delicate process, but there are specific steps you can follow to give yourself the best chance of recovering the compensation you deserve.
Never Admit Your Own Fault After a Car Accident
It is of the utmost importance that you do not admit fault in a car accident. Admitting fault at any point will make it difficult or impossible to dispute fault later on in the process.
An admission of fault does not have to be in writing. Any of the following actions can count as admitting fault:
- Apologizing to the other driver after the accident
- Confessing any form of wrongdoing to police responders
- Offering to pay for damages
- Saying anything that the insurance company can misinterpret
In the moments after a car crash, it is important to stick to the facts. Exchange information with the other driver, report the accident and seek immediate medical attention. Consider contacting a lawyer as soon as possible – your attorney can advise you on what you should or should not say to help dispute accusations of fault.
Communicate With Your Car Accident Lawyer
A Phoenix car accident attorney can be a constant ally at every step of your personal injury claim, especially if there is a difficult dispute about fault. Actively communicating with your lawyer ensures that you have experienced guidance at all times, and it also helps your legal team stay apprised of new developments in your case.
At Sargon Law Group, our car accident attorneys can help with a car accident fault dispute by:
- Gathering evidence such as police reports, medical records and more
- Consulting with experts to reconstruct the accident
- Completing all necessary paperwork on your behalf
- Handling all negotiations with the insurance company
- Representing you in court if necessary
A key part of disputing fault is letting all relevant parties know you disagree with their determination. This is another task your attorney can handle for you. Your legal team can notify the insurance company of the dispute, request amendments to the police report and help you contest any traffic tickets related to the accident.
Document the Accident Scene to Establish Fault
When it is safe to do so, you should document the accident so you have compelling evidence on your side. Request contact information from any witnesses who saw the accident and take photographs of the scene.
For example, determining fault in a merging accident usually entails taking photos of the sides of each vehicle to help illustrate how a sideswipe collision occurred. For a rear-end accident, you should focus your photos on the damage to your vehicle’s rear and the other vehicle’s front. Every accident is unique, but the key is to document the event as thoroughly as possible.
This evidence can help illustrate how the accident happened and how much your damages are worth. An experienced personal injury lawyer can strategically present this documentation to the insurance company during negotiations.
Present Your Case During Negotiations
Negotiation is often the first step toward disputing fault and securing a favorable settlement. It is preferable to settle the matter through negotiations rather than litigation.
You might feel like handling the case in court is more appropriate, especially if there is a heated dispute about who is actually at fault, but resolving the dispute outside of court can save you time and money.
Keep in mind, though, that negotiations can be lengthy if neither side admits fault. Even so, you can rely on your attorney to conduct a thorough investigation, conduct witness interviews and seek out expert analysis. These efforts will come together to paint a clearer picture of how the accident happened.
Think Carefully Before Agreeing To Settle
While it may be tempting to take the insurance company’s first settlement offer, especially if they are finally admitting their client’s fault, it is important to evaluate the settlement first.
Make sure the compensation aligns with the other party’s degree of fault. You deserve to recover adequate compensation to cover the medical bills and other damages caused by the other driver’s negligence.
If the insurance company will not pay, or if they continue to offer lowball settlements, your legal team may suggest other ways to hold the other party accountable. Seeking third-party guidance through mediation or arbitration can help facilitate negotiations and bring you closer to a favorable outcome.
There are times when low settlement offers can be a sign that the insurance company is acting in bad faith. It may be necessary to request an internal review of the insurance company’s practices.
You also always have the choice to sue the other party and resolve the matter in court. The insurance company will have no choice but to abide by whatever decision the judge makes.
Explore Alternative Forms of Compensation
If you cannot resolve the dispute in a timely manner, you may be able to get immediate compensation from your own auto insurance provider. With collision coverage or comprehensive coverage on your auto policy, your insurer will pay for damages to your vehicle even if you caused the accident.
You can also file a claim through your uninsured or underinsured motorist policy if the other driver does not have sufficient liability coverage to pay for your damages. This is a common outcome of car accident fault disputes, as one of the main reasons an at-fault driver might dispute fault so fiercely is because they do not have adequate insurance.
Sargon Law Group Can Help You Dispute Car Accident Fault
At Sargon Law Group, we understand the frustration of receiving blame for a car accident caused by someone else. It can feel extremely unfair to handle a dispute while you are recovering from serious injuries.
We strive to help people in Arizona, New Mexico, Colorado and California determine how to dispute car accident fault after a life-changing crash. If you’ve been wrongly blamed for a car accident, contact us today for a free consultation.