A car accident is a traumatic event that has long-lasting effects on people’s lives physically, emotionally, socially, and economically. The victim suffers from fatal to catastrophic injuries and requires hospitalization to recover.
To recover these car damages and the medical expenses, a victim has to build a strong claim against the defendant and prove the other side guilty. Sometimes, the insurance companies devalue or reject the claims and blame a victim for the accident.
In such cases, a victim can dispute who was at fault during the accident and attain fair compensation from the at-fault party. So let’s dive deep into the post and learn how to dispute a car accident fault when a victim is not at fault.
What does it mean to dispute fault in a car accident?
Disputing fault in a car accident often means showing strong evidence against the at-fault party and proving the other side guilty of causing the crash.
What factors determine fault in a car accident?
The physical evidence and testimonies determine the fault in a car accident case.
Physical evidence includes:
● Visible Damage Caused to the Vehicle
● Medical Statements from the Doctors
● Medical Bills
● CCTV Coverage of the Accident Spot
● Surveillance photographs
Testimonies From:
● Police
● Drivers
● By Standards
● Expert Witness and Police Report
The insurance companies, in many cases, deny the faults and findings. However, the victim and the law attorney must be ready to take action against the third-party and insurance companies if faults are incorrectly attributed to a victim.
Should I accept a settlement offer if I’m disputing fault in the accident?
The aftermath of a car accident is the most stressful time for a victim. A victim has to pay the medical bills with severe financial, physical, and emotional strain. The insurance companies approach the victim directly for claim settlements during the procedure. A victim feels tempted and accepts the settlement to settle the dispute quickly. Discussing everything with a car accident lawyer before accepting the settlement offer is advised.
Can I dispute fault if I was partially at fault for the accident?
If you are partially at fault for the accident, the victim will likely file a claim against you. You must report the accident to the insurance company and police so that they know everything well in advance. Remember, do not talk to the other side insurance company. The other party’s insurance company might use any statement against you and weaken your case.
What should I do if I can’t settle with the other driver’s insurance company?
If you cannot settle with the driver’s insurance company, speak to an experienced car accident lawyer for more informed decisions. The car accident lawyers analyze the case, calculate the damages, and determine whether you get a fair deal. If insurance companies disagree to compensate fairly, the lawyers can file a lawsuit and take your case to court.
Should I get a copy of the police report after the accident?
Yes, you should get a copy of a police report immediately after the accident. The typical police report has a driver’s name, owner’s name, approximate time, date, and location of the incident, and policy number. The police report protects the victim’s rights and acts as a liaison between all the involved parties in an accident.
Should I hire a lawyer to help me dispute a fault in a car accident?
Hiring a lawyer to dispute a fault in a car accident is the wisest decision. The car accident attorney evaluates the case and suggests financial recovery options to cover your losses fairly. Here is how a lawyer helps you to dispute a fault in a car accident:
Communicates Actively with the Concerned Authorities
The car accident lawyer communicates actively with the police, insurance companies, and third parties throughout the procedure.
Manages Paperwork
The lawyer handles everything on your behalf and prepares the necessary documents to prove that you are not at fault in the accident.
Collect Evidence
The legal team records the medical bills and other key evidence to prove you innocent.
Negotiate Settlements
The lawyers negotiate settlements with the responsible party to compensate you fairly for your damages.
Should I talk to the other driver’s insurance company before disputing fault?
From a legal standpoint, you should avoid calling the other driver’s insurance company. However, keep the recorded statement private if the other side’s insurance company contacts you. The insurers can use the recorded statement anytime against you.
How can I prove that the other driver was at fault in the accident?
The driver’s and statutory negligence can easily prove that another driver was at fault in the accident.
Driver Negligence: A driver must operate a vehicle safely by obeying traffic rules. Proving that the driver’s negligent behavior caused the accident and led to monetary loss or physical or mental injury defines the driver’s fault in the accident.
Statutory Negligence: Demonstrating that the driver violated the traffic rules is important evidence that proves the driver’s negligent behavior. The police report states the fault of the driver in the accident.
Ways To Prove Fault of Other Side Driver in the Accident
Look at ways to prove the other driver’s fault in an accident:
Collect Evidence From the Accident Site
Take photos of the damaged vehicle, accident site, and victim injuries. The photos act as important evidence that can prove the other side guilty.
Find Witnesses
The testimony of the bypassers and the person who witnessed the accident can be vital for your case.
Get a Copy of the Police Report
The police report has all the detailed information about what happened during the accident. It acts as evidence for legal proceedings.
Contact Coleman Law Group
If you’ve been involved in a car accident and dispute fault, contact Coleman Law Group today to file a lawsuit against the defendant.
The car accident lawyers at Coleman Law group evaluate your case and handle everything on your behalf to help you get fair compensation for your damages.
