You’ve been in a car accident that wasn’t your fault, so now what? Understanding how to dispute a car accident fault may be useful if you find yourself at odds with the other driver and insurance company.
This guide will help you learn about no fault car accidents and the best way to prepare for a successful case.
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Determining fault is important because it will likely dictate who is financially responsible for damages. Your insurance company will also look for who’s at fault to decide whether it will cover the accident. The at-fault party could potentially see their car insurance increase, so if you know you didn’t cause the accident, it’s important to understand how to dispute a finding that says otherwise.
1. Gather Your Evidence
You’ll need proof in order to dispute a finding of fault against you. Evidence that may be useful for your case includes:
- Pictures. Take pictures of your car, other cars involved, street signs, stoplights, tire/skid marks, debris from accident, and bodily injuries.
- Witness statements. Get the names and phone number of witnesses.
- Make and model of cars involved. The types of cars involved may influence your insurance coverage and the amount of damages recovered.
- Your own account of the accident. Make a written record of the accident as soon as possible and note the time of day, weather conditions, and location of the accident.
2. Let The Insurance Company Know That You Dispute Its Fault Finding
Contact the insurance company to say you disagree with its finding of fault. You will want to contact the company in writing (letter or email) and by phone.
Navigating these discussions for how to dispute a car accident fault will be easier if you first gather all evidence and the police report.
Share in writing what evidence you have that disputes your fault, and keep a record of all communication with the insurance company.
3. Obtain A Copy Of The Police Report
You should get a copy of the police report in order to see what the responding officer documented. Insurance companies will most likely use the report for a car accident when no one admits fault.
If you feel the police report contains incorrect information—such as the wrong make and model of the cars involved, or the wrong location of the accident—you should submit evidence that shows the error along with the correct information.
However, if you disagree with the police officer’s opinion about who was at fault, it may be more difficult to request a change. In this case, you should write down your own version of what happened and who you believe is at fault and ask that your account be included in the report.
4. Fight A Ticket Or Citation In Court
If you receive a ticket and are worried about it going on your driving record, you can try to dispute the ticket in court. You might even get lucky and have your ticket dismissed if the issuing police officer doesn’t show up to court.
If you wind up having to present your case, here are some things to keep in mind:
- Dispute the police officer’s account of the accident.
- Present evidence contrary to the police officer’s (witness statements, photographs).
- Argue that your driving was necessary to prevent harm to others as a way to explain that yours was a no-fault car accident.
5. Hire A Lawyer
A lawyer will recognize how to dispute a car accident fault, so hiring one may help your case. They can show you what evidence will be useful, as well as handle settlement negotiations or file a lawsuit. Your case will probably go more smoothly with a lawyer by your side than if you tackle it by yourself.
A lawyer can also help navigate the process if you are having trouble with the insurance company. Often, insurance companies will take a lawyer more seriously than they might take you, so having someone advocate on your behalf may prove effective.
Lastly, if you want to take your case to trial, a lawyer will let you know if it’s possible under your state law. Car accident fault is determined by statute. Therefore, the laws vary depending on whether you live in a comparative fault state, contributory negligence state, or joint and several liability state.
Ready To Handle Your Car Accident Case?
Dealing with the aftermath of a car accident can be overwhelming. If you need help on how to dispute a car accident fault, it might be time to get a free case evaluation.
Legal Disclaimer: This article contains general legal information, but does not constitute professional legal advice for your particular situation and should not be interpreted as creating an attorney-client relationship. If you have legal questions, you should seek the advice of an attorney licensed in your jurisdiction.