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Determining fault after a car accident involves thoroughly investigating the circumstances and gathering relevant evidence. The insurance company might decide you caused the crash while reviewing your injury claim. If that happens, they can issue a denial and refuse to offer a settlement.

You should not accept the insurer’s decision if you know someone else should be liable for your injuries. You have multiple options to dispute fault and prove you deserve compensation.

Common Methods of Disputing Fault After a Car Accident

If the insurance company denies your claim or blames you for the accident, you must take prompt action. Multiple options are available to dispute fault, including:

  • Contact the insurer – Review the insurance policy to determine the process you must follow to dispute a fault investigation. Some insurance companies require a written or oral statement to present the case to an insurance adjuster. However, your words become evidence in the disputed claim. You must carefully consider how to argue against the insurer’s decision without saying something damaging. An experienced personal injury lawyer can help you prepare for the conversation with the insurer.
  • Request an amendment to the police report – The police report might contain a determination of fault. Although it isn’t reliable evidence because it includes the officer’s opinions instead of facts, these reports often influence an insurance company’s decision. You can ask the investigating officer for an amendment if you know they made a mistake. Provide supporting evidence and documentation to prove someone else is at fault for the crash.
  • Get a traffic ticket dismissed – You might have received a ticket or citation related to the collision. You can try to fight it in traffic court if you believe the officer issued it in error. Even if you’re unsuccessful, your effort to get the ticket dismissed can show the insurer your willingness to pursue the compensation you deserve.

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How to Prove Fault in a Car Accident

Substantial evidence is necessary to prove the other driver caused the accident and should be financially responsible for your losses. The evidence you submit to the insurance company can include:how to dispute car accident fault plain2context

  • Traffic camera footage or video surveillance of the collision
  • Point of impact on the vehicles during the crash
  • Photos from the accident scene, such as skid marks, road conditions, and debris
  • The extent of damage to each car
  • Traffic signs or signals near the scene
  • Statements from eyewitnesses

Read more: Requesting Surveillance Footage of Your Accident

How to Protect Yourself After a Car Crash

Preventing a denied claim is the best way to protect yourself after a car accident. You must take the necessary steps to obtain crucial evidence and build a solid case against the negligent motorist. These steps can include:

  • Call the police to report the crash and wait at the scene until they arrive.
  • Take pictures and videos of the wreckage, including the positions of each vehicle, nearby traffic signs, weather conditions, and damage.
  • Gather valuable evidence to prove liability.
  • Contact the insurance company to start a claim.
  • Take pictures of visible injuries sustained in the collision and document the healing process.
  • Obtain the names and phone numbers of bystanders who saw the collision occur.
  • Get the other driver’s name, contact information, and car insurance details.
  • Consult a lawyer before accepting a settlement from the insurance carrier.
  • Seek initial medical care and follow up with recommended doctors.
  • Refrain from using social media during the pending case.
  • Request copies of your medical records and bills to prove the extent of your injuries and incurred expenses.
  • Avoid conversations with the insurance adjuster about the collision, your injuries, and other details.
  • Decline the insurance company’s request for a recorded statement about the accident.
  • Hire an experienced car accident lawyer to represent you during the claims process.
  • Don’t sign any documentation the insurer requests.

When you hire a lawyer, they can handle every aspect of your case. Your most important responsibility is to treat your injuries and focus on recovering. Your lawyer can file your claim, talk to the insurance adjuster, and negotiate a settlement on your behalf.

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Contact a Dedicated Car Accident Lawyer Today

Insurance companies are in the business of making money. They search for evidence they can use against accident victims to justify denying or underpaying a claim. You should not accept a lowball offer or give up on recovering compensation without a fight.

Chris Hudson Law Group is ready to provide aggressive representation and advocacy if an insurance carrier blames you for causing a car wreck. Call our Augusta car accident lawyer at (706) 863-6600 for a free consultation to get started.

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Last Updated : September 20, 2023