Challenging Auto Insurance Claims: Your Fault Or Not?

Being found at fault for a car accident can have serious consequences, including higher insurance premiums, denied insurance claims, and even criminal charges in extreme cases. If you believe you've been unfairly blamed for causing a car crash, it's important to know your options for disputing the insurance company's finding of fault. This process can vary depending on your location and the specifics of your case, but here are some general steps to help you get started:

- Gather evidence: This includes taking photos of the accident scene, vehicle damage, skid marks, traffic signs, and any visible injuries. Also, obtain contact information from witnesses and collect relevant documents such as medical reports, police reports, and insurance information from the other driver(s).

- Notify the insurance company: Contact the insurance company via phone and in writing to express your disagreement with their finding of fault. Provide your account of the incident and any evidence that supports your claim.

- Seek legal assistance: Consulting with a car accident lawyer can be crucial in disputing fault. They can guide you through the process, protect your rights, and help build a strong case.

- Dispute the police report: If the police report contains inaccuracies or incomplete information, reach out to the investigating officer to provide your side of the story and request amendments or corrections.

- Fight any accident-related tickets: If you believe a traffic ticket related to the accident was issued in error, dispute it in court. Even if unsuccessful, this demonstrates your commitment to protecting your rights.

- Understand your state's laws: Know whether your state follows a no-fault or comparative fault system, as this will impact how liability is determined and how you can seek compensation.

Remember, each situation is unique, and it's always best to seek personalized legal advice for your specific circumstances.

Gather evidence, including photos, witness statements, and medical bills

Gathering evidence is crucial if you want to contest an auto insurance claim of fault. Here are some detailed steps to help you gather the necessary evidence:

Photos

Take photos of the accident scene, capturing the positions of the vehicles involved, any damage to the vehicles, accident debris, skid marks, and any other relevant details. These photos will be valuable in supporting your version of events and showing the extent of the damage.

Witness Statements

Obtain the names and contact information of any witnesses who saw any part of the accident. Witnesses can provide critical evidence and help establish who was at fault. Get their permission to record a video or voice memo on your phone, describing the accident in detail. Alternatively, ask them to write a signed and dated statement. Be respectful and cautious when requesting witness statements, as pressuring or coercing a witness could reflect negatively on you and the statement's credibility.

Medical Bills and Records

Seek prompt medical attention, even for minor injuries. Insurance companies may argue that delays in treatment indicate that your injuries are not severe or were caused by something else. Keep all medical bills, treatment records, and documentation of any related expenses. This paperwork will be essential in demonstrating the extent of your injuries and the associated costs.

Remember, when gathering evidence, it is crucial to act quickly and comprehensively. The evidence you collect will play a vital role in supporting your case and contesting the auto insurance claim of fault.

Contact the insurance company, providing evidence and a statement

If you believe you've been unfairly blamed for causing a car accident, you can take steps to contest the auto insurance claim of fault. It's important to act promptly and gather as much evidence as possible to support your case. Here's a detailed guide on how to contact the insurance company, providing evidence and a clear statement:

Contact the Insurance Company

The first step is to notify the insurance company of your disagreement with their finding of fault. This should be done as soon as possible, ideally via multiple methods of communication. Contact them by phone, and follow up in writing via email or letter. In your initial phone call, clearly state that you disagree with their determination and intend to present evidence to support your position. Creating a record of your disagreement is crucial and can prompt further investigation by the insurance company.

Provide a Clear Statement

When contacting the insurance company, ensure your communication includes several key elements. Firstly, assert that you did not cause the accident and provide your truthful account of the events. Secondly, specify the information you are disputing. Be detailed and precise about the aspects of their finding that you believe are incorrect. Finally, provide evidence to support your claim.

Evidence to Support Your Case

Gathering compelling evidence is crucial to successfully contesting an auto insurance claim of fault. Here are some types of evidence you can provide:

• Physical evidence: Take clear photographs of the accident scene, including the point of impact on the vehicles, skid marks, debris, traffic signs, and the surrounding area. These photos can provide valuable visual evidence to support your claim.
• Witness testimony: Obtain statements from bystanders, passengers, police officers, and expert witnesses such as investigators or accident reconstruction specialists. Their accounts can help corroborate your version of events.
• Medical reports: If you sustained injuries, provide medical reports or bills to prove that you sought immediate treatment. This can counter any arguments that you weren't injured or didn't seek prompt medical attention.
• Video footage: Look for video evidence from nearby traffic cameras, doorbell cameras, surveillance footage, or dash cams. This can provide an unbiased perspective of the accident.
• Police report: Obtain a copy of the police accident report, which may include the officer's assessment, statements from witnesses, and a preliminary determination of fault. If there are any inaccuracies or omissions in the report, work with your lawyer to amend or supplement it with your own statement.

Remember to keep records of all communication with the insurance company, including dates, times, names of agents, and copies of emails, letters, and other documents. It's also important to seek legal advice before providing any recorded statements to the insurance company. An experienced car accident lawyer can guide you through the process and help strengthen your case.

Ask for a police report amendment if incorrect or incomplete

If you disagree with the police report connected with your car accident, you can take steps to request an amendment or supplement to the report. This is especially important as insurance companies place a lot of weight on police reports when reviewing injury or damage claims.

The first step is to identify the type of error in the report. Factual errors are the easiest to correct. These are objective facts that can be easily verified, such as incorrect names, dates, vehicle details, or insurance information. In this case, you can contact the relevant police department and ask for a correction, providing evidence of the correct information. The officer will likely write a supplemental report with the correct information.

Transcription errors are also possible. These can be a discrepancy between what was said and what the report indicates, or the omission of important details you believe you shared with the officer. For example, if you mentioned injuries that were not included in the report, this could be important for a future insurance claim. Reach out to the officer and politely explain your recollection of events, which may refresh their memory.

Finally, there are errors of disputed information. These are the most challenging to correct, as they involve subjective information such as witness statements or an officer's conclusion about the incident. In these cases, your best option is to request that your version of events be included in the original report or as a supplement.

When requesting any changes, remember to be polite and provide any supporting documentation. It is also important to act quickly, as officers deal with many accidents each year, and your chances of a successful amendment are higher if you contact them soon after the incident.

Fight any accident-related tickets in court

Fighting an accident-related ticket in court can be a complex process, and it's important to understand the nuances and your legal options. Here are some detailed instructions and considerations to help you navigate the process:

Understanding the Context:

• Ticket Issuance: In most cases, receiving a ticket after an accident indicates that you are at fault and violated a traffic law. However, there are exceptions, such as accidents caused by mechanical failure or another driver's negligence.
• Consequences of a Ticket: A traffic ticket can have several consequences, including demerit points on your driving record, increased insurance rates, and even license suspension, depending on your jurisdiction and driving history.
• Severity of the Accident: The severity of the accident and the number of vehicles involved can influence whether you receive a ticket. Minor accidents with only property damage may not result in a ticket, even if you were at fault.
• Shared Fault: In accidents with multiple vehicles, determining fault can be challenging. In such cases, an officer might not issue any tickets, leaving it to insurance companies to determine fault and liability.

Evaluating Your Options:

• Fighting the Ticket: You have the right to contest a ticket in court, especially if pleading guilty would place you as predominantly at fault for the accident. This could severely impact your ability to seek compensation.
• Minor Violations: If the ticket is for a minor violation that did not significantly contribute to the accident, it may be more practical and cost-effective to plead guilty and pay the fine.
• Hiring an Attorney: Contesting a ticket often requires multiple court appearances or hiring a traffic attorney to represent you. While this incurs additional costs, it can be a worthwhile investment, especially if the outcome significantly affects your insurance claim or lawsuit.
• Understanding the Law: Study the specific traffic law you allegedly violated. Understanding the exact wording of the law and its elements can help you identify potential defences or loopholes.
• Available Defences: Evaluate all viable defences for your case. Successful defences often involve challenging the accuracy of the officer's findings or their ability to accurately assess the situation. Excuses or justifications for your actions are less likely to result in a dismissed ticket.
• Officer's Absence: If the issuing officer doesn't show up in court, you typically win the case. This scenario is not uncommon due to various reasons, such as scheduling conflicts or lack of notification.

Best Practices:

• Act Promptly: Contest the ticket as quickly as possible.
• Evidence and Witnesses: Gather any evidence, such as witness statements, skid marks, or damage assessments, to support your case.
• Challenge Evidence: You have the right to challenge the officer's testimony and evidence, such as maintenance records for radar equipment or red-light camera photographs.
• Avoid Admitting Fault: Be cautious about the details you divulge to the police. While cooperating, avoid admitting fault or providing statements that can be used against you.
• Seek Legal Advice: Consult an experienced car accident attorney to determine the best course of action, especially if you intend to fight the ticket or believe the other party was primarily at fault.

Understand your state's fault laws

Understanding your state's fault laws is crucial if you want to contest an auto insurance claim of fault. The laws vary depending on whether your state follows a no-fault or at-fault system.

No-Fault States

No-fault states require drivers to file claims with their own insurance companies, regardless of who caused the accident. There are currently 12 no-fault states:

• Florida
• Hawaii
• Kansas
• Kentucky
• Massachusetts
• Michigan
• Minnesota
• New Jersey
• New York
• North Dakota
• Pennsylvania
• Utah

In these states, drivers must carry personal injury protection (PIP) insurance, which covers medical expenses after a car accident, regardless of who was at fault. While this simplifies the claims process and provides quick access to health insurance, it can be costly. No-fault states tend to have premium rates above the national average.

No-fault states also place restrictions on your right to sue. You may only be able to sue if your injuries meet a certain severity threshold, either expressed verbally (e.g., disfigurement) or monetarily (e.g., medical bills exceeding a certain amount).

At-Fault States

Also known as tort states, at-fault states follow a traditional insurance system. In these states, the driver who caused the accident is responsible for compensating the other party for their injuries and property damage. The at-fault driver's insurance company will pay the injured party, but if a settlement cannot be reached, the injured party can file a lawsuit to seek additional damages.

At-fault states include:

• California
• Georgia
• South Dakota
• Texas

Choice No-Fault States

Three states—Kentucky, New Jersey, and Pennsylvania—are choice no-fault states, which means drivers can choose between a no-fault policy and a standard tort liability policy. With a no-fault policy, your right to sue is limited, but you pay lower premiums. On the other hand, a standard tort policy allows you to sue for monetary and non-monetary losses but comes with higher premiums.

Add-On No-Fault States

Add-on no-fault states, or simply "add-on states", combine elements of both no-fault and at-fault systems. Like no-fault states, drivers in add-on states file claims with their own insurance providers. However, like at-fault states, add-on states do not restrict a driver's ability to file a lawsuit for injuries.

Understanding Negligence

In addition to understanding the basic fault laws in your state, it's important to know how negligence is defined. Negligence indicates fault, and there are three main types:

• Pure Contributory Negligence: The insurance company will only reimburse a driver if they are completely blameless in the accident. Only four states follow this model.
• Pure Comparative Negligence: A driver's payout is based on the percentage of fault assigned to them. Twelve states use this model.
• Modified Comparative Negligence: This model also considers the percentage of fault but sets a threshold, usually 50% or 51%, above which a driver is not eligible for a payout. Over 30 states follow this model.

Frequently asked questions