If you want to dispute fault in a car accident, your attorney will help you collect evidence, witness statements, police reports, and other relevant information to provide the insurance company.
Examples of Successfully Disputing Fault
First, let's look at a few common types of automobile accidents and how at-fault drivers are able to provide supporting evidence to influence a re-evaluation.
Example 1: Intersection Accident
In one case, a driver was initially found at fault for running a red light and causing an accident at an intersection. The driver disputed the fault by presenting dashcam footage that clearly showed the light was green when they entered the intersection. Additionally, a witness came forward to corroborate the driver’s claim. Upon reviewing the new evidence, the insurance company reversed its decision and found the other driver at fault.
Example 2: Rear-End Collision
Another driver was held responsible for a rear-end collision. However, the driver claimed that the car in front had abruptly stopped without warning. To support the claim, the driver provided photos of skid marks indicating a sudden stop and witness statements from nearby pedestrians. The insurance company re-evaluated the case and adjusted the fault to be shared between both parties, recognizing the contributory negligence of the other driver.
Example 3: Multi-Vehicle Pile-Up
In a multi-vehicle pile-up on a freeway, one driver was blamed for causing the chain reaction. The driver contested the fault determination by presenting expert analysis from an accident reconstruction specialist, who demonstrated that the initial collision was caused by another vehicle that had already left the scene. With this expert testimony and additional witness statements, the insurance company adjusted the fault accordingly.
Example 1: Intersection Accident
In one case, a driver was initially found at fault for running a red light and causing an accident at an intersection. The driver disputed the fault by presenting dashcam footage that clearly showed the light was green when they entered the intersection. Additionally, a witness came forward to corroborate the driver’s claim. Upon reviewing the new evidence, the insurance company reversed its decision and found the other driver at fault.
Example 2: Rear-End Collision
Another driver was held responsible for a rear-end collision. However, the driver claimed that the car in front had abruptly stopped without warning. To support the claim, the driver provided photos of skid marks indicating a sudden stop and witness statements from nearby pedestrians. The insurance company re-evaluated the case and adjusted the fault to be shared between both parties, recognizing the contributory negligence of the other driver.
Example 3: Multi-Vehicle Pile-Up
In a multi-vehicle pile-up on a freeway, one driver was blamed for causing the chain reaction. The driver contested the fault determination by presenting expert analysis from an accident reconstruction specialist, who demonstrated that the initial collision was caused by another vehicle that had already left the scene. With this expert testimony and additional witness statements, the insurance company adjusted the fault accordingly.
Specific Steps to Dispute Fault
First, we will always recommend immediately reaching out to a car accident lawyer before trying to navigate these steps alone. There are so many details to uncover, and it's not easy to deal with the insurance company, especially if you've been assigned fault. An attorney can provide valuable guidance, represent you in negotiations, and, if necessary, take your case to court.
Step 1. Understand the Fault Determination
Before disputing fault, it’s important to understand how fault is determined. Insurance companies typically rely on police reports, witness statements, photos, and sometimes accident reconstruction experts to assign fault for a car accident. Your attorney will thoroughly examine the accident report and any other documents used to determine fault.
Step 2. Collect Evidence
Your attorney will advise you to gather as much evidence as possible at the scene of the accident to support your claim. This evidence can include:
Step 3. Review the Police Report
Your attorney will obtain a copy of the police report and review it carefully, checking for inaccuracies or omissions. If errors are found, like incorrect descriptions of the accident or your actions, he or she will notify the police department and request a correction. Although the police report is influential, it is not the final say in determining fault.
Step 4. Notify Your Insurance Company
Your attorney will inform your insurance company that you are disputing the fault determination and provide them with all of the evidence.
Step 5. File an Appeal
Most insurance companies have a formal appeals process. Your attorney will submit a written appeal outlining your case and include all supporting evidence, following the specific procedures and deadlines set by the insurance company.
Step 6. Court
If the insurance company denies the appeal, your attorney might recommend taking the case to court if he or she believes there is sufficient evidence to reverse the at-fault assignment.
Step 1. Understand the Fault Determination
Before disputing fault, it’s important to understand how fault is determined. Insurance companies typically rely on police reports, witness statements, photos, and sometimes accident reconstruction experts to assign fault for a car accident. Your attorney will thoroughly examine the accident report and any other documents used to determine fault.
Step 2. Collect Evidence
Your attorney will advise you to gather as much evidence as possible at the scene of the accident to support your claim. This evidence can include:
- Photos & Videos: Take clear photos and videos of the accident scene, vehicle damage, and any relevant road conditions.
- Witness Statements: Collect contact information and statements from witnesses who can provide an unbiased account of the accident.
- Dashcam Footage: If you have a dashcam, review the footage for any evidence that supports your version of events.
- Expert Opinions: Your attorney will send out an accident reconstruction expert to provide a professional analysis of the accident, including all vehicles involved and the surrounding environment.
Step 3. Review the Police Report
Your attorney will obtain a copy of the police report and review it carefully, checking for inaccuracies or omissions. If errors are found, like incorrect descriptions of the accident or your actions, he or she will notify the police department and request a correction. Although the police report is influential, it is not the final say in determining fault.
Step 4. Notify Your Insurance Company
Your attorney will inform your insurance company that you are disputing the fault determination and provide them with all of the evidence.
Step 5. File an Appeal
Most insurance companies have a formal appeals process. Your attorney will submit a written appeal outlining your case and include all supporting evidence, following the specific procedures and deadlines set by the insurance company.
Step 6. Court
If the insurance company denies the appeal, your attorney might recommend taking the case to court if he or she believes there is sufficient evidence to reverse the at-fault assignment.
If a Car Accident Is Not Your Fault, Does Your Insurance Go Up?
In most cases, a no-fault car accident will not result in a rise in your insurance rate. The insurance company of the at-fault driver will be responsible for any vehicle repairs or medical expenses.
Our Jacksonville car accident lawyers at Wilkes & Mee can help you create a successful strategy to help you dispute fault and negotiate with the insurance company on your behalf.