To dispute fault in a car accident, whether you have been wrongfully blamed for the accident or have had a claim denied by an insurance company, you need to take certain steps.
You may be required to dispute the findings of an insurance adjuster or file a lawsuit stating a personal injury or property claim in order to correct the matter. You will need to find other means to determine another party was at fault, and you may need legal assistance to pursue your remedies.
When you have been involved in a car accident fault dispute, you need to file a personal injury claim with the insurance company of the other driver. Both the parties including the plaintiff and the defendant will send letters to search for whose negligence was the cause of the accident.
The chances to pursue compensation may increase if it is proven that another party is at fault. For this, you may require evidence that proves the fault of the other driver.
In case the insurance company blames you for the accident, you may dispute their findings. You can make a phone call or write a follow-up letter to disagree with the fault findings. Voicing your disagreement can result in a further investigation that may help revise the previous finding.
According to Statista, more than 12 million car accidents occurred in the United States in the year 2019. It may be difficult to find fault for a crash. Therefore, you need to prepare yourself if you are thinking to dispute a fault in a car accident with insurance companies. If the insurance carrier decides the accident is your fault, you will have to handle claims, premiums expenses, and fight hefty charges.
A competent San Antonio auto accident lawyer can be your ally and file a suit to dispute the car accident in court. You can state all the details of the case and how the insurance representative handled your claim.
If you have been wrongfully accused of a car accident, you can use internal appeals processes within the insurance company, arbitration, or court litigation to dispute the findings against you.
In Texas, the Texas Insurance Commissioner regulates the operation of auto insurance carriers. While the Department of Insurance does not investigate accident liability, the laws of the state require insurance companies to process claims in a timely manner. If your claim is not being investigated promptly or settled quickly when liability is determined, you may file a complaint.
To start the claim process, you need to gather evidence that will prove the fault of other drivers. You need to show witnesses’ statements, copies of the police reports, photographs of the accident scene, and video footage if possible. You could also try to show that another driver violates the traffic rules or look for any skid marks on the road. This evidence can then be used in court, or with an insurance adjuster.
If your insurance company determined you are at fault, it may be necessary to file an internal dispute with them. Your insurance adjuster, or website, can provide you with the necessary information to file a claim. If another driver’s insurance company has sought to determine that you are at fault in the accident, it may be prudent to seek legal counsel and file suit. A car accident attorney can advise you of the correct course of action to take.
The police report may showcase a statement that claims to determine fault in the car crash. It will be based on the judgment of the police officer. However, not all police reports need to determine the at-fault driver.
In most cases, police reports relate the happenings of the accident, the length of skid marks, the position of the vehicles on the road, and whether any of the parties were issued a ticket or not.
When accidents occur, it is important to determine the fault. Therefore, whether you are accountable for the crash or not, you should file an accident report with the police. You also need to report the accident to your insurance company.
If you fail to do this, you may affect your chance to receive compensation. Schedule a free case consultation or fill out our contact form or chat with us to discuss your case.