How to Dispute A Car Accident Fault Determination

Advertiser Disclosure Every day millions of people are involved in vehicular collisions, whether fender benders or serious accidents that result in severe injuries and fatalities. In fact, the CDC has reported that car crashes are the leading cause of non-natural deaths for Americans. Regrettably, the majority of accidents are preventable, as they are caused by the negligence of one driver, or in some cases multiple drivers.

Being involved in a no-fault car accident or in a car accident where no one admits fault, can be frustrating as insurance representatives and attorneys argue over who should foot the bill. Perhaps even more frustrating is receiving a denial of benefits because of an unfair at-fault ruling against you. Read on to learn more about the difference between no-fault and at-fault accidents, the fundamentals of at-fault determination, and how to dispute a car accident fault determination that’s incorrect.

In this article: Although the majority of drivers carry car insurance, many may not understand the details of how claims are paid. Drivers purchase their policies, determine the coverage they need, pay their premiums, and expect their insurance company to reimburse them if they’re ever involved in a car accident. If you live in one of the following twelve no-fault automobile accident states , you’ll be covered for damages by your insurance company as there is no requirement to prove fault in order to do so: In these states, the drivers submit a claim to their own insurance company, which in turn dispenses payments based on the specific policy and restrictions.

If you reside in an “at fault” or “tort law” state , you must prove who was to blame for the accident in order to recover damages. The responsible “at-fault” individual will end up paying for most or all damages and therefore bear whole or partial liability for the accident. In cases in which two or more drivers may have contributed to the accident, the monetary amount that gets paid will be based on which of the following doctrines your state follows: If you’re wondering how fault is determined, the following are the most common situations where a fault determination is made: 1.

Police Report. In many instances, the police officer will determine who’s at fault based on their observations when they arrive at the scene. The officer may even issue a ticket to one driver rather than the other, which can be a fault-finding action.

If the officer can’t determine who’s at fault, an investigation may be needed in order to gather more evidence. 2. The Drivers .

In some instances, the drivers agree on who’s liable, and even make admissions documented in the police report. 3. The Insurance Company .

When it’s difficult to determine fault, an insurance company’s adjuster may review the evidence to determine fault based on: 4. Arbitrator . In some instances, the drivers agree to use a neutral third party called an arbitrator who reviews the evidence and makes a fault determination.

You may be wondering what to do if the insurance company finds you at fault for the accident. Below are a few general tips to help minimize liability. Don’t Take The Decision Personally .

Insurance company adjusters review many cases and it’s possible they made a mistake. If they did make an error, be sure to gather and record relevant evidence to substantiate your claim, including: Dispute Your Insurance Company’s Findings Immediately . As early as possible in the process, you should call them and send a written letter/email requesting them to re-review your claim.

You may need to include additional information that they may not have previously considered. It’s important to keep documentation of your dispute and request for a second review. Hire An Experienced Personal Injury Attorney .

A car accident attorney would be well versed in disputing findings of insurance companies and would also be able to flag any instances of insurance bad faith . This is when an insurance company fails to follow basic standards required by law when it investigates claims and makes determinations. In addition, an attorney can: If you have further questions about an unfair car accident fault determination, the appeal process, or how to file a civil lawsuit to recover damages, an experienced personal injury attorney can help.

Contact a lawyer today for a free no-obligation case review . 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.

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