Successfully disputing a fault finding in a car accident case can mean the difference between a fair settlement and a denied claim.

If you ‘ve been involved in any kind of vehicle accident, and you believe you ‘re being unfairly ( and inaccurately ) blamed for causing the crash, here ‘s what you need to know :

  • Disputing fault for a car accident most often means arguing against a car insurance company’s finding that you were solely or mostly to blame for causing your crash.
  • It starts with letting the other side know you plan to fight any fault finding.
  • Next comes the hard part: building your best case to show you weren’t the one at fault for your accident.
  • It’s not too late a fair resolution to your car accident claim.

What Is a Fault Finding After a Car Accident?

After a cable car accident, once the car indemnity companies are notified, an indemnity agent will investigate the car accident and try to piece together what happened, and who might have been at fault. That normally means :

  • talking to everyone involved in the accident, and witnesses who might have seen any part of the crash, to piece together a narrative of how the crash happened
  • inspecting vehicles to figure out the nature and extent of damage and how those factors might inform the fault determination
  • examining documents (like any photos of the accident scene, the police report, traffic citations, and medical treatment records) to see if they point toward a potential cause of the accident.

How to Dispute Fault For a Car Accident

If you ‘re involved in a car crash in one of the many fault-based car policy states, and an indemnity company ( either yours or another driver ‘s ) considers you to be at fault for the car accident, there are steps you can take.

Disputing a defect finding starts with what you did at the scene of the car accident. Hopefully you :

  • got the names and contact information of any witnesses who saw any aspect of the crash
  • took photos of the positions of (and damage) to the vehicles, any accident debris, skid marks, and as many relevant aspects of the scene as you could, and
  • made sure you asked for a copy of any police report that was generated in connection with the crash.

last, and possibly most importantly, if you felt even the slightest touch of injury, it ‘s crucial that you sought prompt and thorough checkup attention a soon as possible, so the policy party ca n’t argue that you waited excessively long to get treatment .
Here’s what to do next.

Let the Insurance Company Know You Don’t Agree With Their Fault Decision

immediately notify the insurance company—via earphone and in writing via a follow-up letter or email—that you disagree with their recover of mistake and intend to take action by presenting new testify and/or explaining/reframing the existing fault mental picture .
much, voicing your disagreement will result in farther probe that could lead to revised findings. At the identical least, it begins to create a record of your disagreement that may be significant further down the line .

Utilize the Insurance Company’s Fault Dispute Processes

Some indemnity companies have internal policies regarding disputed defect investigations, and you may be asked to give a statement or salute your side of the story to an insurance adjuster .
It is important to know your rights in these situations, as you do n’t want to make any kind of argument that may hinder your ability to recover should your claim continue to the car accident lawsuit phase. If you are disputing indebtedness, it may make smell to get a lawyer involved on your side, evening if barely in an advisory capacitance.

Ask That the Police Report Be Amended

If you disagree with the police reputation that was generated in association with your car accident, attempt to speak with the investigating military officer to present your side of the floor. You might be able to ask that the officeholder add an addendum to the report card, or fix an error that ‘s demonstrably wrong .

Fight Any Ticket You Received Over the Accident

If the insurance company ‘s decision is based on the fact that you received a traffic misdemeanor in association with the accident, you must fight the ticket in court. even if you ‘re not ultimately successful, the fact that you ‘re willing to take this kind of action will show the insurance ship’s company that you ‘re unplayful about protecting your rights. Learn more about fighting a traffic slate .

Fault Isn’t Always an Issue In a Car Accident Case

It may seem strange to hear, but defect or liability—the answer to the question “ Who caused the crash ? “ —is not a identify publish in every kind of car accident claim .
For model, in a no-fault car insurance express, a decision of fault is irrelevant to most car accident injury claims, by statutory design. That ‘s because no-fault schemes dictate that a policyholder will first ( and normally entirely ) collect recompense for any losses from his or her own insurance company. only in specific circumstances does fault come into play in no-fault states. specifically, the claimant ‘s injuries must meet a certain threshold in order for the claimant to step outside of no-fault and make a indebtedness claim directly against the at-fault driver .
sol, if you ‘re in a car accident in one of the twelve or sol no-fault states, and the other driver is saying you caused the accident, you may not have anything to worry about. ( But keep in mind that since no-fault car policy about never applies to fomite damage claims, if you ‘re making a claim for price to ( or sum loss of ) your car or hand truck, mistake for the accident will likely be a relevant factor in determining whose policy will cover your losses. )

Disputing Fault Might Not Be Worth It

If you ‘re found to be at blame for a cable car accident, it ‘s not the end of the world. This is why you have car insurance, after all. Your car indemnity rates might go up, but if there ‘s adequate coverage in place to pay any call made by the early driver, and your own losses are covered, it might not make sense to dispute a fault finding ( particularly if it looks like it might be an accurate one ). Learn more about what happens if you ‘re at fault for a car accident.

But if you ‘re seriously hurt, or there might not be enough insurance in play to cover all your losses, or you ‘ve experienced a meaning sum of pain and suffer in the wake of the accident, spending the time and resources to fight on probably makes sense .

Getting a Car Accident Lawyer’s Help

If you do decide to dispute a fault receive after a car accident, know that right or wrong, indemnity companies tend to take lawyers more badly than they do “ civilians. ” If you ‘re unrepresented, the chances of being ignored or bullied by an indemnity adjuster are exponentially greater, specially if they say they have all the tell they need to blame you for the accident .
If you ‘re disputing a fault discover, having a cable car accident lawyer on your side means your best case will be put together by a skilled professional. And if it ‘s necessity to do thus, a lawyer will take the spark advance on filing a cable car accident lawsuit if the policy company wo n’t move from its status. Learn more about when it ‘s time to hire a cable car accident lawyer .

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