Were you involved in a car accident caused by another driver’s negligence? You might expect to file an insurance claim and get back to your normal life. Your insurance policy should cover the damage to your car. And the other driver’s liability insurance should cover any other expenses that rack up: doctor visits, prescription medications, medical treatment, etc. But what if the other driver throws a wrench into the works and denies responsibility?
This can stall the whole process and get in the way of collecting your proper financial settlement. Suddenly, the responsibility to prove that the other driver’s negligence caused the accident falls on you. You’ll need to collect supporting evidence to submit an injury accident claim in your favor. The car accident lawyers at the Law Offices of Anidjar & Levine can help.
For a free legal consultation, call (800) 747-3733
Are you Sure the other Driver is at Fault?
You try to drive safely, but now that you’ve been in an accident, you may be wondering if the other driver really was at fault. Maybe you’re both liable? Every accident is different—several situations typically result from one party’s negligence. Some of them are:
Naturally, if the other driver was doing something illegal, that will only add to their guilt in the event of an accident. Driving while under the influence of drugs or alcohol is not only illegal but it’s dangerously irresponsible. Even if the other driver’s blood-alcohol level was within the legal limit, any amount of alcohol can dull your senses and slow reaction times. This is why the penalties for drunk driving are so steep.
In recent years, most states have been cracking down on distracted driving to combat the increase in cell phone use. In order to drive safely, you have to be able to focus on the road and make quick judgment calls. You can’t argue that you were driving safely if you were literally making a phone call or letting your apps distract you from the road.
Distracted driving isn’t just limited to cell phone use. Anything that takes your hands, eyes, or mind off the task of driving can be called distracted driving, including:
- Talking or arguing with passengers
- Fiddling with the radio or a GPS device
- Gawking at an accident
- Eating and drinking
This type of car accident is probably the most common one you’ll see. You may even experience it without suffering major injuries or damage to your car. That’s because rear-end collisions often happen at low speeds when a driver starts moving before the light turns green. Inattention to traffic can result in severe bodily harm, so a fault in rear-end collisions is usually attributed to the driver of the rear vehicle.
Does Denying Liability Actually Affect an At-Fault Driver’s Liability for a Car Crash?
After a car accident, you must call the police to complete an accident report. You might think it’s unnecessary if no one was injured. The other driver might even request you avoid involving the police. This should always be a red flag.
Get a police accident report to start collecting evidence immediately. A police report will hold more weight in court than the other driver’s personal account of the accident.
Police will view the accident scene, report anything they see, and interview witnesses to determine how the accident happened. Their report can suggest who was at fault for the accident.
Other evidence you should collect include:
- Photos you take at the scene
- Surveillance camera footage from nearby stores
- Medical records documenting your injuries
Can the other Driver’s Insurance Company Deny Liability?
Just as the other driver can claim not to be at fault, the other driver’s insurance company can also deny liability on their behalf, which likely means it will refuse to pay your claim for damages. It could reject your claim for any reason, from an issue with the other driver’s policy coverage to the company challenging your injuries or the severity of your injuries.
We encourage our clients to get prompt medical treatment, which creates a record that can help them prove their injuries and the medical treatment they received. We also advise them to let us talk to the insurance company on their behalf to avoid saying something that could jeopardize their claim.
What to do if the Police Say You are Responsible for the Accident
In a worst-case scenario, the police report might indicate that you were responsible for the accident. If this is the case, you should seek legal assistance. We can review the police report and determine if there were any errors on the part of the responding police officer.
We can also check the report for other errors, such as those concerning the make and model of the cars involved or how fast each driver was going. If you have important information that is missing from the police officer’s report, you could request in writing that it be added to the report. We can assist you with communications to set the record straight.
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The attorneys at the Law Offices of Anidjar & Levine have experience dealing with insurance companies and know how to get the best settlement for your car accident claim. If you’ve been hurt in an accident and need help proving the other driver’s negligence, call us today at (954) 525-0050 to schedule a no-cost consultation.
We will answer your questions as you consider your legal options. We are a contingency firm, which means we do not receive payment unless you receive a settlement or court award.