How to Handle a Car Accident Claim When Liability is Disputed

Published 9:45 am Monday, January 27, 2025

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After a car accident, it can be hard to figure out who was at fault. This is especially true if the claim is being disputed. Insurance companies often deny or reduce claims by using evidence that doesn’t match up. In these cases, it’s very important to know what your rights and duties are. What you do right after an accident can have a big impact on how easily you can settle a claim that is being challenged.
When it comes to finding fault in a car accident, you need clear evidence and proper documentation. Liability disputes often happen when there isn’t enough evidence. This piece outlines how to handle car accident claims when liability is disputed.

Important Things to Do After an Accident

  • Call the Police: You should always call the police after an accident, even if it seems minor. A police report tells the account of what happened in a fair way. This is important for determining who is liable.
  • Document the Scene: Take pictures of any damage to the car, skid marks, and important road signs or traffic lights. Record where each car is before they are moved.
  • Get Witness Information: Talk to witnesses and get their contact information. Their statements can help your case if the other driver denies liability. 
  • Exchange Information: Give the other driver your insurance information and how to reach you. Do not talk about fault or admit anything at the scene of the crime.

Putting Together Evidence to Support Your Claim

  • Photographic Evidence: Take pictures of the cars and the crash scene from every angle. Include pictures of the damage, the road, and any close traffic signs.
  • Video Footage: If you can, get video from a dashcam. Ask the traffic or security cams in the area for their recordings.
  • Police Reports: Get a copy of the police report. This document usually has the officer’s notes and thoughts on who was at fault. 
  • Opinions of Experts: Think about getting an expert in accident reconstruction. Their analysis can give a clear picture of how the accident happened.

Disputing Fault with an Insurance Company

  • Ask for an Explanation in Writing: Call the insurance company and ask them to explain how they decided who was at fault. This helps them find mistakes in their evaluation. 
  • File a Formal Dispute: Explain in detail why you don’t agree with their decision. Include evidence like photos, witness accounts, and reports from experts.
  • Be Persistent: Get in touch with them often and keep track of all the messages you send. If you keep asking, they will probably look at your case more carefully.
  • Get Help from a Lawyer: Talk to a personal injury lawyer if the disputes persist. Lawyers can talk to insurance companies on your behalf and make sure they treat you fairly. 

How to Avoid Common Mistakes 

  • Don’t Say You’re at Fault: Avoid saying anything that could be taken as an admission of fault. Allow the evidence to speak for itself. 
  • Don’t Sign Anything Without Reading It First: Do not sign any papers or deals before talking to a lawyer. These could make you give up your rights or take on liability too soon. 
  • Get Medical Help Immediately: Treat any injuries immediately after the accident. Do this even if they don’t seem serious. Medical records are very important for showing that you were hurt in your claim. 
  • Don’t Agree to a Low Settlement Offer: Do not agree to offers until you fully understand the extent of your damages. Insurance companies usually offer small amounts to settle the case quickly.

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You can handle a car accident claim well when liability is in question if you do the right things and are responsible. To protect your rights, gather proof, talk to your insurance adjuster clearly, and get professional help when you need it.