It’s easy to understand how frustrating and overwhelming it can be to face a situation where fault has been denied in your car accident claim. It can leave you feeling helpless and unsure of what steps to take next. Remember, seeking legal advice is essential to navigate this challenging time. Learn more below about denied fault in car accident claims, then speak to a car accident attorney near you for more information.
Schedule a Free Case Evaluation
What Is a Car Accident Claim?
A car accident claim is a legal process where individuals involved in a car accident seek compensation for any damages or injuries sustained. When a car accident occurs, insurance companies and legal professionals get involved to determine who is at fault and to what extent compensation should be paid.
Who Is At Fault in a Car Accident Claim?
Determining fault in a car accident claim is vital for ensuring that the responsible party covers the damages and injuries sustained by the other party. Fault in a car accident is usually determined based on negligence. Negligence can be defined as the failure to act with the level of care that a reasonable person would have exercised under similar circumstances. Factors such as speeding, distracted driving, running a red light, or driving under the influence can contribute to determining fault in a car accident.
What Is the Car Accident Claim Process?
The car accident claim process involves several steps to seek compensation for damages and injuries after a collision. Always retain a car accident lawyer when you think the other party is at fault for the crash:
Initial Steps and Reporting
After a car accident, the first step is to ensure safety, call emergency services if needed, and report the incident to the police. A police report is critical, as it documents the scene, includes witness statements, and may note any traffic violations. You should also notify your insurance company promptly, providing basic details about the accident. Take photos of the scene, vehicle damage, and any injuries, and exchange contact and insurance information with the other driver. These early actions lay the foundation for your claim by creating a record of the event and preserving evidence.
Investigation and Evidence Gathering
Once the claim is filed, your insurance company (and the other driver’s insurer) will investigate to determine fault and the extent of damages. Adjusters review the police report, photos, witness statements, and any available video footage, such as traffic camera or dashcam recordings.
They may also inspect vehicle damage and interview the involved parties. If you hire a car accident attorney, they’ll conduct a deeper investigation, potentially subpoenaing cell phone records to check for distracted driving or consulting accident reconstruction experts. This phase is important, as the strength of the evidence influences how fault is assigned and how much compensation you may receive.
Filing the Claim and Negotiations
In an at-fault state, you typically file a claim with the other driver’s insurance if they’re liable, or with your own insurer if the other driver is uninsured or the fault is unclear. In no-fault states, you file with your own insurer for initial medical and property damage costs, regardless of who caused the accident.
The insurer will estimate damages, including medical expenses, vehicle repairs, lost earnings, and pain and suffering. They’ll then offer a settlement, which may be lower than expected. Negotiations follow, where you or your attorney counter the offer with evidence like medical bills or repair estimates to justify a higher amount. This back-and-forth can take weeks or months, especially if fault is disputed.
Resolution or Litigation
If negotiations succeed, you accept a settlement, sign a release, and receive compensation. If the insurer denies the claim, offers an unfair amount, or fault remains contested, you may need to file a lawsuit. An attorney will draft a complaint, and the case enters the discovery phase, where both sides exchange evidence. Most cases settle before trial through mediation or further negotiations, but if not, a judge or jury will decide fault and damages. Litigation is time-consuming and costly, so it’s typically a last resort. In no-fault states, lawsuits are limited to cases involving serious injuries or damages exceeding policy limits.
What Happens If Someone Denies Fault in a Car Accident Claim?
When someone denies fault in a car accident claim, it complicates the process of resolving the case, as establishing liability becomes a central issue. The denial typically leads to a more thorough investigation by insurance companies, attorneys, or even the courts to determine who was responsible for the crash.
Both parties must provide evidence to support their version of events, and the outcome depends on the strength of that evidence. This situation often delays settlements and may increase the likelihood of litigation if the parties cannot agree.
Accident Investigation
The first step after a denial of fault is usually an investigation by the insurance companies involved. Adjusters will review the police report, witness statements, and any available physical evidence, such as vehicle damage or skid marks, to identify what happened.
They may also request traffic camera footage, dashcam recordings, or cell phone records to check for distractions like texting. If the evidence is inconclusive or disputed, the insurance companies may reach a stalemate, refusing to pay out until fault is clarified. In some cases, they might assign partial fault to both drivers based on state laws, such as comparative or contributory negligence, which can reduce compensation for the claimant.
Negotiation Or Go To Trial
If the insurance companies cannot resolve the dispute, the case may escalate to negotiation between attorneys or proceed to a lawsuit. A car accident attorney will gather additional evidence, such as expert testimony from accident reconstruction specialists, to strengthen their client’s position.
They’ll also scrutinize the other driver’s actions against traffic laws to prove negligence. For example, if the denying party ran a red light or was speeding, this can shift liability in the claimant’s favor. However, the denying party may counter with their own evidence, such as claiming the claimant was at fault for sudden braking or failing to signal. This back-and-forth can prolong the process and require mediation or a trial to settle.
Ultimately, when fault is denied, patience and strong evidence are key. The claimant must be prepared for a potentially lengthy process, as the other party’s denial forces all sides to dig deeper into the facts. Hiring an experienced car accident attorney can help navigate these disputes, counter the other driver’s claims, and build a compelling case to secure fair compensation. If the case goes to court, a judge or jury will make the final determination based on the presented evidence, underscoring the importance of thorough documentation and legal strategy.
How Can a Car Accident Attorney Prove Fault?
A car accident attorney proves fault by gathering and presenting evidence to establish who was negligent or responsible for the crash. Here’s how they typically approach it:
- Police Reports: Attorneys obtain the official accident report, which often includes the officer’s observations, witness statements, and any citations issued. It can indicate who was at fault based on traffic violations.
- Witness Statements: Collecting testimonies from bystanders or passengers who saw the accident can corroborate the client’s events or contradict the other party’s claims.
- Physical Evidence: Attorneys analyze skid marks, vehicle damage, debris patterns, and road conditions to reconstruct the accident. The location and extent of damage can show the angle and speed of impact.
- Traffic Camera or Dashcam Footage: Video evidence from traffic cameras, nearby surveillance, or dashcams can provide a clear record of the incident, showing violations like running a red light or reckless driving.
- Expert Testimony: Accident reconstruction experts may be hired to analyze the scene and provide a professional opinion on how the crash occurred, especially in complex cases.
- Cell Phone Records: If distracted driving is suspected, attorneys may subpoena phone records to prove that the other driver was texting or calling at the time of the accident.
- Medical Records: Injuries sustained can support claims about the crash’s severity and impact, indirectly supporting fault arguments by showing consistency with the client’s account.
- Traffic Laws and Violations: Establishing fault can be established by proving that the other driver broke traffic laws (e.g., speeding, failing to yield). Attorneys cross-reference actions with state-specific traffic codes.
- Driver Admissions: Statements made by the other driver at the scene, to police, or on social media can be used as evidence if they admit fault or describe their actions as negligent.
The at-fault driver or insurance company can deny fault, or may partially blame you for the accident. In that case, your car accident lawyer may recommend filing a lawsuit and taking the case to court. Your auto accident lawyer will build the most convincing case to prove to the jury that the other party was at fault and that you should be compensated.
What Is a Car Accident Claim Worth?
The value of a car accident claim depends on several factors, including the extent of damages and injuries and state laws governing liability and compensation. Below is a detailed explanation of how a claim’s worth is determined, presented in paragraphs.
Types of Damages
A car accident claim typically includes economic and non-economic damages. Economic damages cover tangible losses like medical expenses (hospital bills, surgeries, rehabilitation), property damage (vehicle repairs or replacement), and lost earnings due to time off work.
Non-economic damages compensate for intangible losses, such as pain and suffering, emotional distress, or loss of quality of life. In rare cases, punitive damages may be awarded if the at-fault driver’s behavior was egregious, like driving under the influence. The total value of the claim is the sum of these damages, supported by evidence like bills, pay stubs, and medical records.
Severity of Injuries and Damages
The extent of injuries significantly impacts a claim’s worth. Minor injuries, like whiplash or bruises, may result in claims worth a few thousand dollars, covering medical visits and short-term discomfort. Severe injuries, such as broken bones, traumatic brain injuries, or spinal damage, can lead to claims worth tens of thousands to millions, especially if they require ongoing care or surgeries or result in permanent disability.
Similarly, the degree of property damage matters; a totaled vehicle increases the claim’s value compared to minor repairs. Documentation, including detailed medical reports and repair estimates, is critical to proving these costs.
Insurance Policy Limits
Regardless of the claim’s worth, the at-fault driver’s insurance policy limits can cap the payout. For instance, if their policy covers $25,000 per person for bodily injury and your damages are $40,000, you may only receive $25,000 unless you pursue the driver’s personal assets or file a claim with your own underinsured motorist coverage (if available). Your own policy limits also matter in no-fault states or when claiming uninsured motorist coverage. Understanding policy details helps set realistic expectations for the claim’s value.
Calculating and Negotiating the Claim
Insurance adjusters use formulas to estimate claim value. They often multiply economic damages (like medical bills) by a factor based on injury severity to account for pain and suffering.
However, initial offers are typically low, requiring negotiation. An attorney can strengthen your case by presenting comprehensive evidence, such as expert testimony or detailed loss documentation, to justify a higher settlement. If negotiations fail, a lawsuit may be needed, where a judge or jury determines the final amount, though litigation increases costs and time.
Other Factors and Considerations
Additional factors influencing claim value include the recovery duration (longer recovery increases lost earnings and suffering), pre-existing conditions (which may reduce compensation if injuries are deemed unrelated), and the quality of legal representation. Hiring an experienced car accident attorney often leads to higher settlements, as they counter lowball offers and navigate complex cases. Claims must also be filed within the state’s statute of limitations (typically 2-3 years). Ultimately, every case is unique, and consulting an attorney for a case-specific evaluation is the best way to estimate your claim’s worth accurately.
Talk To A Car Accident Lawyer Now
Contact a car accident attorney for legal guidance and representation in your car accident claim. Your personal injury attorney can help prove who caused the car accident and explain your legal options if the other party denies fault. Seeking professional advice can help you handle the complexities of the legal system and secure the compensation you deserve.