Blamed for a Car Accident That Wasn’t My Fault: How to Dispute Liability & Protect Your Claim

Blamed for a Car Accident That Wasn’t My Fault

Finding yourself being blamed for car accident that wasn’t my fault is a frustrating and confusing situation. You know the truth, but it seems like no one is listening to you. If you don’t fight back against a false accusation, you can suffer serious consequences that affect your driver’s license and insurance rates. You can also lose the right to make a claim for compensation for your injuries and other losses. 

The best way to fight the blame is to protect yourself in the time immediately following the accident. Afterward, you should contact a car accident attorney for help with fighting the accusation. Here’s a look at how to dispute liability and protect your rights. 

What to Do If I Was in a Car Accident That Wasn’t My Fault 

What to Do If I Was in a Car Accident That Wasn’t My Fault 

Answering the question of “I was in a car accident not my fault what do I do?” begins with prioritizing your actions after the crash. If you are injured, stay calm and don’t say anything that could be considered an admission of fault. State the facts to the responding officer, but don’t offer more information or suggest theories. You need to protect your rights so you can enforce them later. 

Collect as much evidence as you can. That includes taking pictures of:

  • The vehicles involved
  • Skid marks on the pavement
  • Tracks in the grass or dirt
  • Take note of homes or businesses with cameras
  • Save dashcam footage if one was in use
  • Collect witness names and contact information

Why You Might Be Blamed for a Car Accident You Didn’t Cause

There are a few common reasons why you find yourself in a situation where you’re saying “I was blamed for car accident that wasn’t my fault.” They include:

  • Inaccurate police report
  • Insurance company trying to avoid paying on a claim
  • Lack of evidence showing who’s at fault
  • Poor interpretation of evidence
  • Intentional misinterpretation of your statements

Blamed for a Car Accident That Wasn’t My Fault?

Free Case Evaluation

Determining Liability in a Car Accident

Figuring out who’s at fault for a car accident is determined by reviewing the evidence and following state laws to assign blame. This is done by the police and an insurance adjuster who looks at the evidence, goes over the police report, and looks at the damage to the cars to determine who caused the accident. Accident reconstruction is done by more than one person in order to minimize bias and improve understanding of the accident. 

Who Decides Fault for a Car Accident?

The police and insurance adjusters are the initial parties who determine who’s at fault. If an insurance adjuster doesn’t agree with the police, you might find yourself working out why “insurance says I’m at fault when I’m not.” This is because investigators look at who’s responsible for causing the initial fault, then apply legal liability to the person they’re blaming.

Disputes over who’s to blame are resolved in various ways, including through negotiations or a mediator. When no one can agree on who’s at fault, the case may go to court to have a judge make a decision.  

Gather as Much Evidence as You Can

Evidence helps you make your argument, especially when the car accident not my fault what to do question comes up. Ideally, you took photos and/or videos of the scene, and got information from witnesses. Ultimately, you want everything you can find to show that you were not at fault, and that you shouldn’t take the blame. It’s difficult for an adjuster to hold onto their side of the story when you can clearly show them that they’re wrong. 

Reporting the Accident and Calling the Police 

A police report is an official record of the accident. The responding officer records all the evidence at the scene, and certifies that it’s accurate and true. The officer is a neutral party who has the job of recording information without passing judgment. These reasons are why you need to be accurate when giving your statement, because it can help support your assertion that you weren’t to blame. Officers also wear a body camera that records video as they talk to you. This is something that can help support your story as well. 

Seeking Medical Attention After the Accident 

Getting medical attention after an accident helps you stay on top of injuries and creates valuable medical records. Sometimes it happens that injuries show up a day or two after the accident, something known as delayed onset. You should always seek medical attention after an accident, no matter when you feel pain. The medical records help you protect your claim for damages after you’ve been cleared of being at fault. 

How Does Car Accident Fault Work?

Car accident fault works by assigning a percentage of the blame for the accident to each driver. For a simple example, someone who ignored a red light at speed and collided with another car will bear 100% of the fault. The person who was operating their car legally does not get assigned fault. When both drivers made bad judgments that resulted in a collision, the person who bears the most liability will be assigned more of the fault, while the other driver gets the remainder. 

In these cases, comparative negligence is used for determining recovery amounts. Someone who has 0% of the blame will get 100% of their claim. In contrast, someone who has 20% of the fault will get 80% of the recovery amount. If someone is over 50% at fault, they may not be able to collect damages.  

How to Dispute Fault for a Car Accident

Challenging the assertion that you’re at fault for the accident requires taking action and putting your evidence to use. Your first step after being denied your claim is to submit a written appeal that’s accompanied by your evidence. A clearly written appeal with clear evidence can overturn the denial and determination of fault.  If you don’t get anywhere with the insurer, you can contact your state’s insurance regulator for help. 

This is also a good time to get help from a car accident attorney. Retaining a lawyer shows the insurer that you’re serious about enforcing your rights through negotiation or court if necessary. 

Take These Steps to Fight Unfair Blame

These steps help you fight unfair blame, and help you protect your rights after an accident. They include:

  • Never say you were at fault to the police or insurance company
  • Document the accident scene with videos and photos
  • Get contact information from eyewitnesses
  • Take note of homes with doorbell cameras and business security cameras

Last, but not least, contact a car accident attorney for help. You know you can state “I was in a car accident that wasn’t my fault” with conviction, but you may find it difficult to fight the blame on your own. A car accident attorney can help you reverse the opinion and get just compensation. 

What Happens If You Are Found at Fault for a Car Accident? 

Being found at fault for a car accident has long-term consequences in various ways. Your insurance rates go up, your ability to recover damages is limited, and you may find yourself responsible for out-of-pocket costs. Being deemed at fault also increases your liability exposure in settlement negotiations and during litigation. It’s expensive to be found at fault for a car accident, which means you need to push back against being blamed for a car accident that’s not your fault. 

Is It Worth It to Dispute a Car Accident Case?

Yes, it’s worth disputing being blamed for a car accident that wasn’t your fault. The financial fallout can be crippling, and it takes years to recover from the situation with regard to your insurance status and points on your driver’s license. You’re also less likely to be able to make a claim for compensation, and the amounts are much lower. It makes sense to dispute being wrongly blamed for causing an accident. 

When to Contact an Experienced Car Accident Attorney

The best time for getting a car accident lawyer’s help is in the days following an auto accident to stay ahead of potential issues. However, you can retain an attorney if you’ve been blamed for being at fault by the insurance company. An attorney uses different tactics to reverse the decision and restore you to a blame-free state once again. 

Some of the ways a lawyer disputes fault is through an investigation of the accident scene, then negotiating with the insurance company. If negotiations fail, the attorney will file a lawsuit in court and ask that a judge or jury decide the truth of the situation. 

Conclusion — Protecting Yourself When Blamed for an Accident You Didn’t Cause

Getting blamed for an accident you didn’t cause is an unjust situation. You need to take steps to protect yourself and dispute the finding. If you don’t, the consequences can be very serious and impact your life in unexpected ways. Say as little as possible, collect evidence, and get medical help to prove your injuries were the result of an accident, then retain a car accident lawyer as soon as you can. 

At LedgerLaw, our team of lawyers is here to provide you with compassion and support after being wrongly blamed for a car accident. We work hard to restore your rights and preserve your option to seek a car accident settlement. That’s why we’re the best option when it comes to fighting against an unjust assignment of fault after a car accident. 

Don’t Accept Blame! If You’re Not at Fault

Call Now

Call us 24/7 for immediate assistance.

FAQs About Blamed for a Car Accident That Wasn’t My Fault

What should I do if I’m blamed for a car accident that wasn’t my fault?

Hire a car accident attorney for help with refuting the blame. 

How can I prove I was in a car accident that wasn’t my fault?

Collect evidence that shows the series of events that happened before and during the collision. 

Who determines fault when I’m blamed for a car accident I didn’t cause?

The insurance adjuster determines who’s at fault and blames you incorrectly. 

Can insurance companies wrongly blame me for a car accident?

Yes. An insurance adjuster can make a bad judgment call and wrongly blame you for the accident. 

How do I dispute fault in a car accident not my fault claim?

You can appeal the decision with the insurance company, but you can get better results by hiring an attorney. 

What evidence helps when I’m blamed for a car accident that wasn’t my fault?

Photos of the scene, videos that show the incident, and eyewitness testimony help to prove you weren’t at fault. 

Should I hire a lawyer if I’m blamed for an accident I didn’t cause?

Yes. A lawyer will review the evidence and push back against the insurance company’s decision you were at fault. 

Can I still get compensation if I’m blamed for a car accident incorrectly?

You may be able to get compensation if you were blamed incorrectly, but this varies from state to state. 

 

Free Case Evaluation

  • This field is for validation purposes and should be left unchanged.

Categories

Share