After a car accident, one thing that may need to be determined is who was at fault in the accident. Based on this a series of other aspects can be decided, like who is responsible for damages, as well as who may be issued a traffic citation for causing the accident.
If it was determined that you are at fault in an accident, your insurance company will be liable for any damages. You may be sued personally depending on the extent of damages and injuries.
These tips can help you dispute fault and help you get the compensation you are entitled to under the law.
Fight Any Ticket in Court
In most cases, if you received a traffic ticket for the accident, you will be deemed at fault. For this reason, you must fight any traffic ticket in court. If you are found not guilty of the traffic violation, you have a stronger case against being named at fault.
If you were not issued a ticket and the insurance company has determined you were at fault based on a police report, contact the investigating officer to clarify any information you believe is incorrect.
Sometimes they can amend the report so that your version is included. Your questioning of the report may also result in an additional investigation which could lead to a revision. Even if the police do not revise the report, your questions will create a record that you disagree with the findings.
Statement to Insurance Adjuster
After the accident, an insurance adjuster may have contacted you and convinced you to make a statement regarding the accident. It is important to remember that any statement you make can be used to determine fault in the accident. Attributing fault to a driver could decide [who can be sued] in a car accident case.
Even a minor statement, such as “I took my eyes off the road for a second,” can be used as proving fault. The adjuster could claim that your comment meant you were inattentive behind the wheel and had you not been, the accident could have been avoided.
At the scene of the accident, it helps to get information from anyone who witnessed what happened. If you could obtain the names and phone numbers of witnesses, reach out to them soon after the accident and document what they saw.
Take photos of the vehicles, debris, skid marks, road signs, and weather conditions to support your claim that you were not at fault. Even if some details might seem irrelevant, it is best to document everything and then let your lawyer determine what they can use for the case.
If you were injured, get medical attention immediately. Failure to do so could result in the insurance company claiming you waited too long to get treatment, which may have worsened your condition.
Hire an Attorney
The best way to dispute fault in an accident is to talk to an attorney. Hiring an attorney does not mean you plan to sue someone for your injuries or damage. It provides you with someone who will look out for your interests, unlike the insurance companies or the other driver.
An attorney’s office may have an investigative team who can recreate the accident, review photos or other evidence, obtain video surveillance in the area or conduct other investigative methods to prove you were not at fault in the accident. Let experts guide you through how to correct any misinformation regarding your case. Having legal experts on your side can help the case close faster and tip chances in your favor.