How Do You Dispute a Car Accident Fault?
Posted August 26th, 2020 by Anthony Carbone.
Categories: Auto Accidents.
A car accident can have life-altering repercussions. It could significantly harm your health, career, and finances. Fortunately, car accident victims in at-fault states can seek compensation for their losses. This usually requires them to prove that another party, such as the other driver, was at fault. They can then receive a payment to cover their medical costs, lost income, and other related bills.
Sometimes, however, insurers and drivers can deny fault and instead pin it on the victim. This would then require them to prove that they are not liable. Here, we look at how to dispute a car accident fault.
If you believe you have been wrongfully accused of causing a car accident, a Bayonne Car Accident Attorney can help you dispute liability.
Disputing Fault for a Car Accident
If an insurance company wrongfully finds you at fault for an accident, you should call them to dispute their decision. You should then follow up your call with a letter stating why you believe their determination is wrong. This could initiate further investigation into the matter, which could lead to revised findings. It could serve as a record of your disagreement.
The next step will often depend on the insurance company. Some insurers have an internal policy to handle disputed fault. They might require you to present your version of events to an insurance adjuster. Remember, what you say is crucial as you could hurt rather than help your case.
When planning to dispute fault, you should hire an attorney before speaking to the insurance company.
What Do You Need to Dispute Fault in a Car Accident?
After fault is determined, even wrongfully, the burden of proof rests solely on you. You have to convince the insurance company or court that you are not the at-fault party. You can do this by collecting or disputing the following:
- Police Reports
The police are usually called to an accident scene to record the incident. They file witness and victim statements and gather important evidence. They also create a report that can be used to collaborate your claim.
Nonetheless, police reports can be wrong. They could show that you were at fault for an accident, even if you were not. This is usually due to biased statements or inconclusive evidence.
If the police report wrongfully mentions you as the at-fault driver, you can call the investigative officer to challenge it and give your side of the story.
- Physical Evidence
It is crucial to gather evidence after a car accident. Doing so can help you prove that you did not cause the collision. Necessary proof to collect includes:
- Photographs of the scene, vehicle damage, and your injuries
- Pictures of the intersection, street lights, and traffic signs
- Witness statements and contact information
- Your medical records
You can also work with your attorney to obtain surveillance depicting the crash.
Get Help from a Bayonne Car Accident attorney
Insurance companies can be brutal when trying to protect their clients. If you are unrepresented, they could deny you your rightful compensation or even make you liable for paying the other driver. This is why you should never try to dispute fault without legal representation.
If you have been injured in a car accident where fault is not clear, contact the Law Offices of Attorney Carbone immediately. A Bayonne Car Accident attorney will evaluate your case and help you get a fair resolution.
