Disputing fault in a car accident means challenging the insurance company’s or police report’s version of who caused the crash. To do this, you need clear evidence that supports your side of the story. This may include photos or videos of the accident scene, dashcam footage, witness statements, medical reports, or expert opinions.
You should also review the police report for errors and provide corrections if needed. Communicating with the insurance company in writing and keeping detailed records of all interactions can strengthen your position. An experienced Long Island car accident lawyer will help you gather the right evidence and present your case effectively.
How Fault Is Determined After a Car Crash
One of the first sources is the police report. Officers at the scene usually document what happened, note traffic violations, record witness statements, and sometimes give their opinion about fault. While this report carries weight, errors can happen.
Insurance adjusters also play a major role. They review the police report, talk to the drivers involved, interview witnesses, and examine photos, videos, and repair estimates. Their job is to figure out which driver’s insurance company should pay and how much.
When deciding fault, both police and insurance companies look at several common factors:
- Whether traffic laws were broken
- Driver and witness statements
- Physical evidence from the scene (such as skid marks or vehicle damage)
- Any supporting documentation, like medical records or dashcam footage
Reasons to Dispute Car Accident Fault
There are several reasons why you may need to challenge a fault determination after a car accident. Some of the most common reasons include:
Mistakes in Police Reports
Officers may record the wrong details about how the accident happened. Important information, such as traffic signals, road conditions, or driver behavior, may be left out.
An officer’s opinion about fault can sometimes be inaccurate or based on incomplete facts.
Biased or Incomplete Witness Statements
Witnesses may only see part of the crash and assume the rest. Some witnesses may give accounts influenced by personal bias. Inaccurate or incomplete statements can unfairly sway the investigation.
Lack of Proper Evidence at the Scene
If no photos, videos, or measurements were taken right away, the crash may be poorly documented. Missing physical evidence, like skid marks or vehicle positions, can lead to false assumptions.
The absence of strong evidence makes it easier for others to challenge your version of events.
Insurance Companies Unfairly Shifting Blame
Adjusters may argue that you share responsibility to reduce their payout. They may downplay the other driver’s fault to save money. Without disputing their findings, you could end up with less compensation than you deserve.
Disputing fault in these situations helps ensure the facts are clear and that you are treated fairly during the claims process.
Steps to Dispute Fault in a Car Accident
Taking the right steps gives you a stronger position when challenging fault and increases your chances of receiving fair treatment in your claim. If you believe you were wrongly blamed for a car accident, there are clear steps you can take to set the record straight:
Gather Evidence
Collect as much proof as possible, including photos, videos, and dashcam footage that show the accident scene, vehicle positions, road conditions, and traffic signals. Keep copies of medical records that show your injuries and repair bills that document vehicle damage. These records can help connect the accident to the losses you suffered.
Collect Witness Statements
Ask neutral witnesses, such as bystanders or nearby drivers, to provide written or recorded statements about what they saw. Independent witnesses are valuable because they are less likely to be seen as biased compared to drivers involved in the crash.
Review the Police Report
Request a copy of the report and read it carefully for mistakes, missing details, or opinions that don’t match the facts. If you find errors, you can request corrections or add a supplemental statement to ensure your side is included in the official record.
Communicate With the Insurance Company
Submit your evidence and clearly explain why you disagree with their fault determination. Always put your dispute in writing and keep copies of every letter, email, or document you send or receive.
Let your attorney handle all the communication with the insurance company. Everything you say can and will be used against you.
Seek an Independent Investigation
In complex cases, you may need accident reconstruction experts to analyze skid marks, vehicle damage, or traffic data to show how the crash really happened. Professional evaluations can provide strong, unbiased support when disputing fault with an insurer.
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A Car Accident Lawyer Will Help You Dispute Fault
A car accident lawyer can strengthen your case by gathering the right evidence, talking to witnesses, and working with experts who can reconstruct the accident. Long Island personal injury lawyers also know how to challenge mistakes in police reports or unfair insurance company findings.
In some situations, it may be necessary to file a lawsuit. This usually happens when the insurance company refuses to change its decision or denies fair compensation. Taking the case to court allows a judge or jury to review the evidence and decide fault, rather than leaving the decision in the hands of the insurer.
There are also clear benefits to having legal representation during negotiations. Insurance companies often try to pay as little as possible, but a lawyer understands their tactics and can push back on low offers. Having an attorney handle communications ensures you are taken seriously throughout the claims process.
Call Levine And Wiss Today
Getting legal help can make a big difference when disputing fault in a car accident. At our personal injury law firm, we have over 100 years of combined legal experience protecting our clients’ rights.
The first consultation is free, so you have nothing to lose by calling us. Our car accident attorneys will review the unique details of your claim and represent your best interests throughout the legal process.
