How To Dispute Car Accident Fault?

Car accidents are common and can be financially and emotionally devastating. In some cases, the fault may not be clear-cut, and it may be necessary to dispute fault to avoid paying for damages you did not cause. 

To dispute fault in a car accident, you should document the accident scene by taking photos, report the accident to the police and your insurance company, gather evidence that supports your version of events and  consult with an attorney.

If you find yourself in a traffic collision, be sure to consult with an car accident attorney at The Law Offices Of Stuart Kerner P.C. at https://yourbronxlawyers.com/contact/

1. Document the accident scene by taking photos

The first step in disputing fault in a car accident is to document the accident scene by taking photos. Use your smartphone or camera to take pictures of the damage to your car, the other driver’s car, and any other property damaged in the accident. Take pictures of the surrounding area, including any skid marks or debris on the road, and any traffic signs or signals relevant to the accident.

Taking pictures of any injuries you or your passengers may have sustained is also a good idea. If you cannot take pictures because of your injuries, ask a bystander or police officer to take them for you. Later, this evidence will help assist in fault determination.

1. Report the accident to the police and your insurance company

After taking pictures, the next step is to file an accident report with law enforcement and your insurance carrier. Even if the accident seems minor, it’s important to report it to the police, as they will create a report that can be used as evidence in court. If the police refuse to take a report you can complete an MV-104 form and mail it to Albany for filing.

When reporting the accident to your insurance company, provide as much information as possible about the accident and any injuries or damages that occurred. Be truthful and avoid speculating about who was at fault for the accident.

1. Gather evidence that supports your version of events

Once you have reported the accident, gather any evidence that supports your version of events. This may include witness statements, video footage from nearby surveillance cameras, or any other relevant information that can help establish that you were not at fault for the accident.

If you have any medical bills or receipts for car repairs, make sure to keep them as evidence. If possible, get copies of the police report and any other documents related to the accident.

1. Consult with an accident attorney

If you are unable to resolve the dispute with the other driver or their insurance company, consider consulting with a car accident attorney at The Law Offices Of Stuart Kerner P.C. We can help you understand your legal rights, deal with the  insurance adjusters, and find the best course of action for disputing fault.

We can also help you gather evidence and prepare your case for trial or a hearing, represent you in court, and negotiate with the other driver or their insurance company on your behalf. 

5. Attend the trial or hearing if the dispute goes to court

If your dispute goes to court, it’s important to attend the trial or hearing. This will give you the opportunity to present your case, obtain crash reports, and any evidence you have gathered. It will give you the opportunity to tell your side of the story.

Be prepared to answer questions from the judge or opposing attorney representing the other driver.  We can guide you through the process and help you understand what to expect.

In conclusion, disputing fault in car accident injury claims can be a complex and time-consuming process. However, by documenting the accident scene, reporting accident claims to the police and your insurance company, gathering evidence that supports your version of events, consulting with an attorney, and attending the trial or hearing if the dispute goes to court, you can increase your chances of a favorable outcome. 

For more information, or to schedule a consultation, contact The Law Offices Of Stuart Kerner P.C. here or  call (718) 796-7900 today.

Frequently Asked Questions

How do you dispute an insurance company decision?
If you disagree with an insurance company’s decision, the first step is to review your policy to make sure that the decision is consistent with the terms of your policy. If you believe that the insurance company’s decision is incorrect or unfair, you can dispute it by submitting a written complaint to the insurance company. Be sure to include any supporting documentation, such as police reports or medical bills, that may help support your case. If you are still unable to resolve the dispute, you can consider hiring a personal injury lawyer who specializes in insurance disputes to help you navigate the process.

How do I argue an auto insurance claim?
To argue an auto insurance claim, you should first gather any evidence that supports your case, especially if you feel you are not the fault driver. This may include witness statements, photos of the accident scene, and medical bills or repair estimates. Be prepared to explain your version of events in a clear and concise manner, and be sure to emphasize any details that support your case. If you are unable to resolve the dispute with the insurance company, you may consider hiring accident lawyers who specialize in insurance claims to represent you.

Can you argue with an insurance claims adjuster?
Yes, you can argue with an insurance claims adjuster if you disagree with their decision. However, it’s important to remain respectful and professional throughout the process. Be prepared to explain your position clearly and provide any supporting documentation that may help support your case. If you are unable to resolve the dispute with the claims adjuster, you may consider escalating the issue to a supervisor or hiring an attorney who specializes in insurance disputes.

Can you claim on insurance for car faults?
In general, car insurance does not cover property damage that is the result of wear and tear or routine maintenance. However, if the fault was the result of an accident or other covered event, such as theft or vandalism, your insurance may cover the financial compensation for repairs or replacement. It’s important to review your policy carefully to understand what is and is not covered, and to contact your insurance company to report any claims as soon as possible.