You can have Daytona-ready driving skills and follow all the road rules strictly, but there’s a high likelihood that you’ll be in a car accident at some point.
Don’t get us wrong. We don’t wish you to be in a harrowing situation like a car crash. Unfortunately, statistics suggest that the average person will be in three to four accidents over their lifetime.
Even more tragic is that you might be legally blamed and held financially liable for property damage, injuries, and loss of life despite being sure you weren’t responsible for these road mishaps.
So, what do you do if the other party and their insurance company point fingers at you for being the at-fault driver? You dispute fault. Fortunately, this write-up provides a comprehensive guide to doing just that.
Understand that it’s always best to contact a personal injury attorney who values attorney-client relationships if you’re tangled in a motor vehicle accident or fault claim.
If you need help finding an adviser for your case, visit PersonalInjuryLawyerSearch.org. This resource gives you access to an extensive database of lawyers to help with your legal needs.
The process is straightforward: select your state and choose the type of legal professional you require. The best part? You might even receive free consultations and free case evaluations.
Your Options When Fighting a Decision of Being at Fault in an Accident
Before we dive into the steps you can take to dispute an at-fault accident claim, we must first define what being “at fault” means. It’s how it sounds.
Being the at-fault driver in an automobile accident means that, after investigation, you were determined to be the party responsible for causing the road mishap, whether a head-on collision or a fender-bender.
You might wonder, “Why is defining who is at fault essential?” The answer is simple: if you’re accused of being the at-fault party, you’ll be held liable for any physical injuries or financial damages incurred by the other party from the incident.
Unfortunately, some insurance companies will unfairly try to shift the blame toward you to avoid paying for damages. The following sections discuss your options should you find yourself in a situation like this.
Negotiating With Your Insurance Company
Aside from potential financial liabilities to the other party, being deemed the at-fault driver of a car crash might cause your insurance rates to increase.
Fortunately, you can always attempt to negotiate with your insurance provider to prevent that scenario from happening. Some steps you can take to convince your insurer to minimize your case’s impact on your rates include the following:
- Agreeing to pay a higher deductible, which is the amount you pay out-of-pocket before the insurance coverage kicks in
- Taking a defensive driving course to help prevent and protect you and others from dangerous and unforeseen driving situations
Challenging the Decision in Court
Sometimes, negotiating with your insurance company won’t pan out. But it doesn’t mean you should just cut your losses because you can always take legal action and dispute the fault determination in court.
Do understand, however, that a court trial can be time-consuming and sometimes expensive. In fact, some don’t consider it worthwhile, especially if your policy can cover the claim made by the other party.
So, consider all your other options before you pursue this route. But if you’ve decided to challenge the finding of fault, know that having representation gives you your best shot.
Visit PersonalInjuryLawyerSearch.org to find specialized law firms and experienced legal professionals to handle personal injury cases and help you navigate the complexities of the legal landscape.
How to Dispute Fault in a No-Fault State
Despite how critical it is to determine who caused the car accident in an injury claim, in some states, it is irrelevant. Why? Some states follow a “no-fault” system.
In this scheme, whether at fault or not, drivers must first collect compensation from their respective personal injury protection (PIP) insurers.
As of March 2024, there are 12 no-fault states in the U.S. (United States), which are the following:
Florida | Minnesota |
Hawaii | New Jersey |
Kansas | New York |
Kentucky | North Dakota |
Massachusetts | Pennsylvania |
Michigan | Utah |
That said, if you’re determined to be the at-fault driver, you’ll still be liable for property damage and medical expenses that exceed the state-regulated threshold, even if you live in a no-fault state.
What Does “Fault” Really Mean in a Car Accident?
As mentioned, determining fault in an auto accident involves assigning who is responsible for the incident and, ultimately, who will be held liable to cover the damages.
So, if you’re deemed to be at fault for a vehicular accident, you must have commited an act or acts of “negligence.” Examples of these actions include the following:
- Distracted driving, like when driving while using a mobile device
- Driving under the influence (DUI)
- Tailgating or not leaving enough space between the vehicle in front of you
- Overspeeding
How Is Fault Determined in an Accident?
If you’re involved in a car crash, you don’t have to worry about he-said-she-said fault finding. That’s because investigations will occur to establish who the responsible driver is.
Law enforcement officers and insurance providers will analyze the road incident. This process typically involves vehicle damage inspections, witness interviews, and evidence gathering.
The investigation procedure might also require the following:
- Photos and video footage that provide context into the motor-vehicular accident, such as images of road conditions or surveillance video from traffic cameras or dashcams
- Testimonies from accident reconstruction specialists and medical professionals that provide insight into the causes and the effects of the incident
- The extent and location of the damages sustained by the automobiles involved
- Medical records that support how the auto accident occurred, such as descriptions of the force and direction of the injury impact
Why Does Fault Matter?
It’s not an overstatement to say that deciding who is at fault in a motor vehicular accident is critical— even if you live in a no-fault state. After all, this information determines who pays for the damages and injuries from the crash.
For instance, if you were found to be the at-fault party, your insurance provider must cover the compensation for the other driver as well, influencing your future insurance rates.
Being deemed at fault can also impact your driving record, which can lead to undesirable outcomes, including the following:
- Lower credit scores
- License suspension
- Criminal charges and civil suits
- Difficulty in securing some types of jobs and education
The Legal Consequences of Being at Fault in an Accident
If you’re wrongfully accused of being at fault in a road accident, suffice it to say that you must dispute it. After all, as mentioned, fault in a car accident case can have legal repercussions.
What are these legal consequences, you ask? Let’s discuss them.
Civil Liability
Following a fault determination, the primary ripple you’ll feel is civil liability for injuries or damages from the auto accident. In other words, you’ll be responsible for compensating the other party involved in the collision.
Criminal Charges
In severe accidents determined to be your fault, such as when someone dies or receives significant injuries, you might face criminal charges. Examples of indictments you could encounter include reckless driving or vehicular manslaughter.
Understand How At-Fault Drivers Can Still Get Compensation
Yes, being at fault in a car crash means you, specifically your insurer, must compensate the other party for the injuries and damages they incurred.
However, determining fault can sometimes be challenging. In these situations, you and the other driver might share responsibility for the traffic accident, allowing you to receive coverage even as the at-fault party.
To explain, let’s say you were speeding when you collided with another vehicle. If the other car’s driver was texting during the collision, you’ll both be deemed partially at fault for the accident.
Understand that if you live in a no-fault state, you might also receive financial compensation despite causing the traffic incident. However, you must file a claim with your insurer for coverage in these states.
File a Personal Injury Claim
If you find yourself in an accident and believe you’re not the person who caused it, you must file a personal injury claim with the other party’s insurance company as soon as possible.
Doing so lets you dispute the fault determination and avoid the potential legal consequences that come with it, such as paying out compensation and possible criminal charges that could impact your life moving forward.
Fortunately, you can increase your likelihood of winning your claim by visiting PersonalInjuryLawyerSearch.org. This resource allows you to find professionals who can provide legal counsel, gather evidence, and prove your innocence.
Dispute the Findings of the Insurance Company
As mentioned, you don’t have to take a fault determination lying down, especially if it’s a wrongful accusation from the insurance company. So, what should you do?
The first step is to call the insurance provider or write a letter indicating that you’re challenging their fault finding. Doing so translates to additional investigations that may free you from earlier, unfair judgment.
Appealing a Decision
Deciding to appeal the insurer’s determination of fault in a car accident is easy. The hard part is convincing them that the initial findings were incorrect. This step will involve submitting additional evidence or arguing that the insurance provider’s evidence is insufficient.
Hiring an Attorney
More often than not, your best recourse in disputing a fault determination is hiring a personal injury attorney. After all, an experienced attorney can review the evidence and help build a better case for why the accident wasn’t your doing.
If you want the best legal representation for your appeal, visit PersonalInjuryLawyerSearch.org. This online directory lets you search car accident lawyers by name and state so you can immediately work with one near you.
How Do Car Insurance Companies Determine Which Party is at Fault in an Accident?
Insurance companies will examine the circumstances surrounding the motor vehicle accident to determine whether you’re at fault or liable to cover the damages.
Here’s what this process looks like:
The Role of Insurance Adjusters
When you file a personal injury claim with your own insurance company, they’ll designate an adjuster to conduct investigations. This individual gathers information about the incident.
It’s also the insurance adjuster’s responsibility to use the evidence collected to decide if you’re responsible for causing the collision and liable to compensate the other driver.
The Importance of Evidence
Insurance adjusters can’t hold you accountable for an auto accident without proof. That’s why they’ll look at the evidence to determine fault. These pieces of evidence generally include the following:
- Police reports
- Photos or video footage of the motor vehicle accident scene
- Witness statements
- Both drivers’ accounts of the incident
The Use of Fault Determination Rules
Like how you follow traffic laws, insurance companies also follow guidelines to determine liability. These fault determination rules consider various factors, including the following:
- Location of the damages on the involved motor vehicles
- The direction the automobiles were traveling before the collision
- Traffic laws that the drivers may have violated
What to Do After an Accident to Protect Yourself
A car accident, especially a severe one like a head-on collision, can be a harrowing experience. Therefore, the first thing you must do is ensure your and your passengers’ well-being.
And while it might be the last thing on your mind following an accident, your next step should be to take action to prove your innocence. So, if you’re sure your injuries don’t require immediate medical assistance, you should do the following:
Producing Evidence of the Other Party’s Liability
Proving the other driver’s liability can significantly help you in your case, primarily when a fault is wrongly attributed to you. The following are some pieces of evidence you should collect that can assist in demonstrating the other driver’s fault:
- Photos depicting the scene of the accident, including skid marks and debris, the location of each car after the crash, and the extent and point of impact on your vehicle
- Accounts of the road incident from eyewitnesses willing to testify, including their names, addresses, and contact information
Protect Yourself – Take Accident Scene Photos
Eyewitness reports can be a powerful tool in protecting yourself from a fault claim. Unfortunately, they are fallible, making them unreliable pieces of evidence, especially in court.
So, it’s a good idea to take pictures or even videos of the scene of the accident.
Other critical details to capture include the following:
- Traffic signs, road markings, and signals that the other driver might have failed to adhere to
- Injuries you and the other party sustained from the auto collision
Immediately Call the Insurance Company and Dispute Their Findings
While it might be the last thing on your mind following a car accident, you should contact your insurance provider. For one, it’s sometimes a contractual obligation in your policy.
Another is that it allows you to challenge wrongful fault claims. Remember to leave a paper trail of your dispute, which can be valuable in future legal proceedings.
Get a Copy of the Police Accident Report
Insurance adjusters typically base their fault determination on the information in the police report. But what if the report contains incorrect or incomplete details of the accident?
For this reason, you must obtain a copy of the accident report. Doing so allows you and your legal counsel to review and amend errors in the crash report, such as transcription mistakes or factual omissions.
If You Received a Traffic Violation Ticket or a Citation, You Must Fight It in Court
Insurance companies can use traffic violations or citations for your part in an auto accident against you. Therefore, you must challenge tickets, especially if you believe that the police officer is wrong for issuing them.
Talk to the law enforcement personnel who issued the citation and see if they could dismiss it, such as by agreeing to acquire a defensive driving certificate.
You can also file an appeal. In this scenario, a third-party mediator will ask for your side of the story. Note that you should only provide necessary information and never let your emotions get the best of you.
Write to the Insurance Regulatory Body
If the insurance company refuses to review your case despite multiple efforts to dispute a fault determination, you should contact the body overseeing insurance matters.
Once you do, your state’s insurance regulatory body will investigate your case independently and decide on the best course of action to resolve the dispute.
File a Personal Injury Lawsuit
If the above steps weren’t effective in clearing you of fault, consider filing a personal injury lawsuit. Doing so might be your best chance of avoiding unwarranted civil and criminal liability.
After all, a dispute removes the fault determination power from insurers, leaving your assessment to unbiased and uninvolved individuals, such as a judge or jury.
And if the court determines that the other party was responsible for the accident— not you— you might be entitled to personal injury compensation.
Note that you must file a suit within your state’s statute of limitations or the established time limit wherein you’re allowed to file a claim. In states like Maryland, this window is three years. However, the statute varies from state to state.
Talk to an attorney if you need help navigating the legal landscape of personal injury lawsuits. Visit PersonalInjuryLawyerSearch.org to find one in your area.
Does the Police Report Indicate Who Was at Fault?
Police reports can provide crucial information that insurance companies and the courts can use to determine whether you’re responsible for an auto accident. They also feature critical pieces of evidence you can use to prove your innocence.
These incident summaries contain the investigating officer’s observations and opinions on how an accident occurred. They might also include other details, including whether the involved drivers received traffic tickets at the scene.
Yes, police reports may indicate who the responding officer believes was the at-fault party in a road mishap. However, these sentiments are opinions and aren’t binding.
Who Determines Fault in a Car Accident?
You and the other driver’s insurance providers are initially responsible for assigning fault in a car accident. This assignment might involve one or both the parties involved in the collision.
That said, insurers do not always get the final say. After all, the power to determine liability shifts to a judge or jury if your case escalates to a personal injury lawsuit.
Evidence Needed to Determine Fault in a Car Accident
If you’re contesting a fault determination that holds you responsible for a traffic incident, you must provide evidence that proves otherwise, especially if you believe you’re not the cause of the accident.
Fortunately, the evidence you can use to free yourself from blame can come in various forms, which typically include the following:
Physical Evidence
Some of the best pieces of evidence to determine fault in a car collision are physical proof, as they help reconstruct the events leading up to the crash.
As mentioned, this tangible evidence typically comes in the form of debris from the crash scene, injuries sustained by the victims, and the damages sustained by the involved automobiles.
Witness Testimony
Although not as objective as physical proof, witness testimonies can help prove your innocence in a car accident case. After all, they provide firsthand accounts of the incident, which can support your case.
Eyewitness statements can include testimonies from the following:
- The drivers involved
- Bystanders who saw the incident
- Responding police officers
- Medical professionals who attended to the victims
Negotiating With the Other Party’s Insurance Provider After Being Found at Fault
As much as you may not want to admit it, an auto accident might, in some cases, be your fault. However, you must still take action— to stand up for yourself and ensure you’re treated fairly.
Negotiating with the other driver’s insurance company can help you agree on handling the repercussions of a crash, such as fixing your car or paying for injuries.
The Importance of Representation
When dealing with the other driver’s insurer, you should have someone on your side— someone who can ensure you’re not getting a bad deal, even if you’re at fault. Enter a personal injury lawyer.
Remember that an experienced legal counsel can help you negotiate a fair settlement amount that protects your interests. So, consider visiting PersonalInjuryLawyerSearch.org to help you with your legal needs.
Understanding Your Rights
In no-fault states, you might receive financial compensation for damages and injuries from a road accident. That’s why it’s essential to understand your rights.
Note that since you were the party found at fault for the collision, you’ll be held accountable for some of the costs. Depending on the circumstances, however, you might be entitled to coverage, too.
How to Appeal an At-Fault Motor Vehicle Accident
When an insurance company decides you’re mostly to blame (over 50%) for a crash, they’ll send you a surcharge notice. This notification outlines the additional premiums you must pay.
Fortunately, you can challenge these at-fault costs through the Division of Insurance Board of Appeal. You have up to 30 days from receiving the notice to do so.
By Mail
You must fill out the at-fault accident appeal form to request an appeal. Where can you get this document? It’s on the back of the surcharge notice you received.
You then mail the completed form plus the required $50 fee to the Division of Insurance at 1000 Washington St., Suite 810, Boston, MA, 02118. Afterward, you’ll receive details of your hearing, including the time, date, and setting.
Next Steps: Division of Insurance Board of Appeal Hearing Judgments
After the Board reviews your appeal successfully, they will send you a decision through a Memorandum of Finding and Order. The determination will be either of the following:
- If the Board of Appeal decides you weren’t the at-fault driver, they’ll erase the accident from your record. They’ll also remove the surcharge from your history.
- If, on the other hand, the Board finds that you were primarily responsible for the motor vehicle accident, they will uphold the determination. In short, the surcharge will stay on your driving record.
How Being At-Fault for an Accident Affects Your Insurance Rates
As mentioned, an at-fault determination can impact your insurance rates. But why is that? Simple: in the eyes of insurance companies, it’s riskier to insure you.
Rate Increases
An insurance rate increase is expected following an auto accident. How much this rise might be depends on factors like your driving history and the accident’s severity.
Impact on Future Coverage
If you’re blamed and found at fault for causing a motor vehicular accident, you might find it difficult to get coverage in the future, especially if you’ve been involved in several road mishaps or have a history of reckless driving.
Taking Legal Action Against the Other Party if They Were Partially at Fault for the Accident
Even if you’re generally responsible for a car collision, sometimes, the other driver shares the blame, too. So, let’s break down your options for taking legal action if you believe the other party is partially responsible for the incident.
Filing a Lawsuit
If you think the other driver played a part in the accident, you should consider filing a lawsuit. Doing so might allow you to receive compensation for injuries or damages.
However, the challenge lies in showing that the other party contributed to the crash. Visit PersonalInjuryLawyerSearch.org and hire an attorney if you need help in this regard.
Comparative Negligence
Comparative negligence laws apply in states except for Alabama, Maryland, North Carolina, Washington D.C., Virginia, and the District of Columbia.
In these states, comparative negligence is divided into three categories and impacts how much fault each driver is assigned. These classifications are:
- Pure comparative negligence: Here, you can still ask for compensation even if you were mostly at fault. But the amount you can get is lowered based on how much you were to blame.
For instance, if you were deemed 75% responsible for a car accident, you’ll only receive coverage for 25% of the damages.
- Modified comparative negligence: In this system, if you’re found to be primarily at fault, you won’t receive compensation, even if the other party is partially responsible for the accident.
But if your assigned fault is under 50%, you can get compensation for damages. However, the amount will be based on your level of fault.
- Slight vs. gross negligence: South Dakota has its own unique rule. It’s similar to modified comparative negligence but distinguishes between slight and gross negligence.
If the one who brings the case to the court (plaintiff) is deemed to have exhibited slight negligence, and the other party’s (defendant’s) negligence is deemed gross, the plaintiff will not be barred from recovering damages.
If the court deems the plaintiff’s negligence more than “slight,” they could be barred from recovering damages.
In this context, “Gross” refers to recklessness and conscious disregard for the injured party’s safety.
Circumstances Where Being Found At-Fault Cannot be Avoided, Even if You Weren’t Responsible for the Crash
You might think it unfair, but in some situations, you might be assigned fault regardless of whether you were the direct cause of the auto accident.
Examples of instances where being liable for a car crash is inevitable include the following:
Chain Reaction Accidents
A chain reaction accident occurs when multiple drivers and vehicles are involved in a crash. Unfortunately, you might be deemed at fault if your actions contributed to the event, even if you did not directly cause it.
Driving an Uninsured Vehicle
If you’re involved in a traffic collision and you’re operating an uninsured vehicle, you’ll be held liable, regardless of whether you caused the crash. This is because, in most states, driving without insurance is illegal.
Resolving Disputes Over Who Was at Fault in an Accident: How Long Does It Typically Take?
The resolution timeline of a fault dispute isn’t straightforward. Various factors can complicate the investigation and legal procedures, influencing how long the process takes, with the two most prominent being the following:
The Complexity of Investigations
Settling arguments over who’s to blame in a motor vehicle collision might not happen overnight. From collecting evidence to talking to witnesses, the investigation process could take weeks or even months.
The Role of Insurance Companies
Insurance companies can also influence how long it takes to determine who’s at fault. After all, they’ll need time to gather all the facts and investigate claims.
Contributory Negligence
States that don’t follow comparative negligence laws fall under contributory negligence states. You might not receive compensation in these states if you’re responsible for 1% of the accident.
To explain, let’s assume you suffered $200,000 in damages. If the investigation found that you drove 10 miles over the speed limit at the crash and assigned you a 2% fault, you’ll receive nothing.
The Damages You May Be Able to Recover
If you prove that the other driver caused your accident or is at least partially responsible, you might get money to cover different things. These coverages typically include the following:
- Damage to your vehicle
- Medical bills and other treatment costs
- Prescription medicines
- Lost wages due to inability to work
- Pain and suffering
No-Fault Insurance States
As mentioned, you might be entitled to compensation from your PIP insurance provider if you live in a state with no-fault insurance regulations, even if you’re the at-fault party.
However, if the damages exceed the state-regulated coverage threshold, you must file a claim and seek settlement from the other driver’s insurance company.
Comparative Negligence States
For states under comparative negligence rules, the damages you’ll be able to recover depend on the type of negligence assigned— pure comparative, modified comparative, and slight vs. gross negligence.
In Arizona, for instance, you can recover up to 99% of the damages. However, in a state like Texas, you’ll only receive compensation if your fault is no more than 51%.
Can You Get Compensation if You Are at Fault?
Yes, it’s still possible to receive compensation if you were at fault for an accident in some situations, such as if you’re living in a no-fault state. Do understand, however, that you can’t claim compensation if you’re solely responsible or exceed the modified comparative fault limit.
What Happens if the At-Fault Person Has No Insurance?
If you’re in an accident with a driver who doesn’t have insurance, it can be challenging to get money to cover medical expenses and other damages. For such cases, you might have to try other avenues like:
- Using assets the at-fault driver has
- Filing a claim on your own insurance if you have coverage for uninsured drivers
- Seeking settlement from another party involved in the accident
How Much is the Compensation for Anxiety After a Car Accident?
Unfortunately, there is no predetermined amount of compensation you might receive for personal injuries incurred in an auto accident, such as anxiety. The coverage hinges on factors like the severity, type of injury sustained, and how it affected your day-to-day life.
Why You Shouldn’t Apologize After an Accident
Even if you’re positive that you were at fault in a motor vehicular incident, you should avoid taking responsibility— at least, until all other facts have been collected and legally established.
After all, insurance providers can use your apology against you. For this reason, it’s best to seek legal counsel. Visit PersonalInjuryLawyerSearch.org to find the best one for your unique case.
Why You Need a Car Accident Lawyer
From gathering evidence to crafting a case, there are various reasons why you should consider hiring a lawyer, especially to dispute car accident faults.
However, the primary reason is that if you do so, insurance companies will see that you’re resolute in proving your innocence and fighting for a fair settlement when you have a car accident lawyer in your corner.
PersonalInjuryLawyerSearch.org is your go-to resource to narrow your search for experienced personal injury lawyers best suited to help with your legal problems.
The Complexity of Insurance Claims
Unraveling the intricate web of the insurance claims process can be challenging, especially when it’s about who’s at fault. Asking for a car accident attorney’s assistance can help protect your rights to receive a fair settlement.
The Cost-Benefit Analysis
Hiring a personal injury lawyer can be costly. However, it can lead to getting more money in a settlement or prevent your insurance rates from going up too much.
So, you must think about the costs versus the benefits of having legal advice for your fault dispute case.
References
- Typical Car Accident Settlement Amounts (2023)
https://www.forbes.com/advisor/legal/auto-accident/typical-car-settlement-amounts/ - Property damage cases
https://selfhelp.courts.ca.gov/civil-lawsuit/property-damage - Filing an Auto Claim with the Other Party’s Insurance Company
https://insurance.utah.gov/consumer/auto-home/auto-insurance/third-party-auto-claim - How long do you have to report a car accident to your insurance?
https://www.bankrate.com/insurance/car/how-long-after-a-car-accident-can-you-file-a-claim/ - WHAT IS THE STATUTE OF LIMITATIONS ON A NORTH CAROLINA CAR ACCIDENT CLAIM?
https://justicecounts.com/north-carolina-car-accident-lawyer/what-is-the-statute-of-limitations-in-a-north-carolina-car-accident-claim/