How to Dispute a Car Accident Fault

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A man and a woman dispute car accident fault.

Many people don’t think twice when driving on the road during their daily commutes or when on their way to visit family and friends. The road can seem like a safe place until, abruptly, someone crashes into your car, leading to severe injuries or damage to your vehicle. Frequently, after a car collision can come emergency responders, law enforcement, insurance claims, medical bills, and more. The last thing you want to worry about after all of that is a car insurance company calling or emailing you a few days later saying you are the driver at fault in a car collision and your claim is rejected. Even if you are unsure whether you are at fault in an accident, hearing this can lead to anger, embarrassment, shame, and surprise, especially as a cautious driver. You may wonder why you are being blamed for an accident and how insurers determine who is at fault.

How Do You Dispute an At-Fault Accident?

Determining who is at fault in a car collision is not always easy, especially if multiple parties are involved. Were there obstructions or distractions that led to the accident that was out of your control? Was the other party driving under the influence? How do you protect yourself after a car collision and prove that the other driver was negligent? These may be some of the questions crossing your mind after an initial fault determination has been made.

How To Dispute Car Accident Fault

So how do you dispute a car accident fault? Below are some things you should do:

Make a Phone Call

After a car collision or receiving the statement of the other party’s insurance company, you should calmly call the insurance company for further information on the claim. If you do not hear any response from the other party’s insurance party, you should write a letter to express your stance and statement of the facts clearly. You may visit the insurer’s website to get a copy of their address. After receiving your complaint, they will further investigate the car accident case to further embark down the claim dispute process.

Leave the Job to Accident Attorneys

Frequently, disputing a claim may lead to no constructive results, or there may be no response at all from the insurance company. In these instances, there is often no alternative than to retain an attorney to continue to dispute the claim. Arguing fault after an auto collision can be tricky and contain various legal elements. An experienced car accident lawyer can review your case during a free consultation. Additionally, disputing liability and fault after a car accident can be a time-consuming, expensive process. By retaining an experienced, trusted auto accident attorney, you can rest assured that your interests will be represented.

Inform The Insurance Regulatory Body By Writing

If the at-fault party’s insurance company refuses to review your dispute, you may need to write to the insurance regulatory body. Often, an investigation will be necessary, and you must provide the investigator with all the information requested. Again, an attorney can assist you with this process or discuss alternatives.

Can You Dispute Fault in an Auto Accident?

Losing an insurance claim is expensive and can be very worrisome. Imagining having to compensate someone for all the damages you did not cause can be very troubling. Can you dispute fault in an auto accident? Yes, but there are specific actions you must take. These actions should include:

  • Obtaining a copy of the police report immediately. Look over the report and amend any errors. Police make mistakes, too – and you should note any discrepancies you see within the report.
  • Taking photos of any evidence. If possible, you should take pictures of the accident scene from injuries, crossroads, road obstructions, skid marks, to any other physical evidence. Short videos can also be taken. This can aid in accident reconstructions.
  • Looking for nearby traffic signs the driver may have missed. According to the NHTSA, more than 16% of U.S. drivers run red lights, 8% of drivers ignore stop signs, and 3% of drivers ignore yield signs.
  • Requesting  a copy of video footage from traffic and surveillance cameras with the assistance of your attorney. Your attorney may be able to help you to obtain any video footage of the accident scene if it is available.
  • Obtaining statements and evidence from witnesses. Statements from witnesses can be of great assistance in validating your claim.

Dispute at Fault Accident

Car collisions can be traumatizing experiences that may happen suddenly. However, what you do at the accident scene can play a critical role in having a successful claim. After a car collision, you should first receive medical attention and consider discussing the events with an experienced attorney right away. Next, you should contact the insurance company and give them enough concrete and reliable details and evidence to decide on the collision. This can be supported with evidence such as statements from witnesses, video footage from surveillance cameras, photographs, and more. Obtain the police report, and review it with an attorney to review any discrepancies. Never take responsibility for a car collision without knowing all of the facts. Even if you are blamed for the accident, it is best to leave the dispute to a professional with broad legal expertise. Do not make a deal or take any settlement offers from the at-fault driver. You should consult an experienced car accident lawyer before making any settlement. If your claim is rejected, do not stay silent. An experienced personal injury lawyer can help you achieve the justice you deserve.

Contact the law offices of Tatum & Atkinson “The Heavy Hitters” today at (800) 529-0804 or contact us online to set up your free consultation. We have over 65 years of collective experience defending car accident injury victims to get the justice they deserve. We fight hard to ensure that you will be fairly compensated for your present and future expected losses and ensure that the at-fault party is held liable.