How To Dispute A Car Accident Fault
Updated: Feb 23, 2022
The road can seem safe until someone crashes into your car, giving you a serious injury or damaging your vehicle.
You then have to contact the ambulance, police, and insurance company/insurer before filing your insurance claims. After a few days, you receive an email or a call from your insurance company saying that you are the driver at fault in the accident, and your claim is rejected.
What would you feel? It is human nature to feel surprised, especially when you do not do anything wrong. You always wear your seatbelts, keep your vehicle in perfect condition, install rearview and side mirrors, never exceed the speed limit, and warn every driver when changing lanes.
So, you might wonder why you are being blamed for the accident. How do insurance companies determine who is at fault? How do you dispute fault in accidents that involve any vehicle or a 3 car accident? How do you protect yourself after a car accident and prove the other at-fault driver's negligence? These are a few questions that will cross your mind. Don’t worry, as you will get the answers to all of these questions in this guide. Let’s get started!
How Do Insurance Companies Determine the at-Fault Driver?
The negligent driver who makes you injured is at fault or has liability for a car accident. That’s a general principle.
What if the drivers involved are following the rules and do not have the intention of injuring others or causing damage to vehicles?
This is tricky, but the state and insurers follow the strictest procedures to determine the culprit and help with your claim. So, there is nothing to be afraid of if you do not make any mistake.
Tips In Disputing Fault in a Car Accident
Who wants to get blamed for a car accident that one did not cause? Nobody likes to be in that situation.
But what if you get into a crash, collision, or car accident in fault states like Iowa? Then, your insurance company/insurer disapproved of your claim because they believe you are at fault for the accident.
You will be shocked and frustrated at first. You are only human, after all. But do not remain silent. Below are a few things you should do to fight the ticket in court and dispute fault in a car crash:
Make a Phone Call
Many things will probably run in your mind after an accident or receiving the statement of the other driver’s insurance company.
Pause and stay calm. Then, phone the insurance companies or visit their office for further information on your claim. If you have contacted the at-fault driver's insurer a couple of times already, and you did not receive any response regarding your complaint, write a letter to express your side and statement in a way that your insurer would believe. Where to send your letter, though? You can visit their official website online to get a copy of their email address.
Once they have received your complaint, they will further investigate the car accident case, leading to a less stressful dispute.
Leave the Job to Accident Lawyers
What if it’s been a few days since you’ve sent your letter and there’s no response at all to your dispute? You do not have a choice but to get a lawyer.
Disputing fault after a car accident is tricky and legal. The law in Iowa and other fault states is complicated. Admit it or not, you cannot handle the process on your own.
This is where you should undergo a free consultation with experienced and certified Des Moines personal injury attorneys. Even if the services of a lawyer require hefty compensation, it is worth it.
But be ready as you may be asked to narrate your side of the story with an insurance adjuster for them to review your car accident case better.
Disputing fault and liability after a car collision or accident can also be time-consuming and expensive. So, hire the most trusted and reliable auto accident attorneys with expertise in personal injury law in town for your peace of mind. Visit the website of choice you have on your list to avoid any problems.
Inform The Insurance Regulatory Body By Writing
If the at-fault driver’s insurance company refuses to review your car accident case or dispute, you will feel disappointed.
It is normal, and it is part of the process. But your job does not stop there. It is time to write to the insurance regulatory body.
Remember that most states like Iowa implemented a law to solve unfair liability issues. Once they receive your letter, they will send an investigator straight to your doorstep.
So, for a better and more successful result, please feel free to coordinate with the investigator. Provide every detail they ask. They will also keep your information highly confidential for your convenience.
If you haven’t experienced writing to the insurance regulatory body, a lawyer will guide you from start to finish.
How to Prove the Other Driver Was At Fault After an Accident?
Losing your insurance claim is costly. Imagine you have to pay all the damages and compensation you have not caused, from hospitalization to your daily expenses.
That would be depressing. Now, how to prove that the other driver was at fault? Here are the things you should do:
Obtain a Copy of the Police Report Immediately.
Insurance adjusters depend on the information available in a police report.
Here’s the thing. There is always a risk of a police report having discrepancies, even if the police department always strives for excellence.
So, before insurance adjusters obtain any of these documents, request a copy of the report ahead of time. Since everything today is done online, request their website ahead of time.
This will help you correct the file and add important data. But is it legal? Of course! You do not only have the right to examine the reports but also amend the errors. Unfortunately, you cannot do it alone. It would help if you had the legal advice of your lawyer just in case someone tries to sue you for the accident.
Take Photos of the Evidence
After a car or auto accident, you have to assess the situation. Are you injured, or does someone else have serious injuries? If so, contact an ambulance right away. Your safety is what matters the most. You should also call the police to report the accident.
While waiting for the medical team, you can take pictures of the scene. Document everything, from vehicular damages to your injuries. Do not forget the accident debris, skid marks, and other physical evidence at the scene. You can also take short videos for the insurance company to believe that you are not the at-fault driver.
Find Out the Traffic Signs the At-Fault Drivers Missed
According to the National Highway Traffic Safety Administration, more than 16% of people in the U.S. run red lights, 8% ignore stop signs, and 3% ignore yield signs.
While they may sound like a low percentage, they are immense. If 16% of drivers run red lights, that could mean approximately 44 million vehicles can be charged with reckless driving.
If you encounter or get into a car accident, find out the traffic signs the other driver ignores. You can ask passers-by to make your job easier than ever.
Request a Copy of Video Footage from Traffic and Surveillance Cameras with the Assistance of Your Lawyer
Right after a car accident, be sure to take pictures and videos of the scene immediately. But that is not enough to convince the insurance company.
If possible, request video footage from surveillance cameras. The footage will surely prove the negligence of the driver and your innocence at the same time.
Get Statements and Evidence from Witnesses
Another way to prove that the car accident is not your fault is to get statements from eyewitnesses. This is a bit tiring, particularly when you have serious injuries. But it is worth it as it can add credibility to your statement, determine the at-fault driver, and help ensure a quick settlement.
What’s more, witness testimony can fill in information gaps. One common problem with accident claims is that memory gaps may arise. That’s normal because a collision accident is extremely traumatic. But statements from witnesses can be of great help.
How to Protect Yourself After Car Accidents
It is traumatizing when cars crash or road accidents happen. Imagine seeing broken windshields, worn/torn wheels, and damaged seats. It is normal to be out of focus. But what you do at the accident scene can play a critical role in achieving a successful and stress-free claim.
Below are the other things you can do to protect yourself after car accidents:
You should contact the insurance company as soon as possible or visit their office. Then, make sure to give them enough concrete and reliable details or evidence about the collision. Support your details with evidence. It could be a statement from witnesses, video footage from surveillance cameras, or anything you think could help.
Call the police department near you immediately to report the accident. The police report can prove that the other driver was at fault for the car accident. But do not depend on it. Sometimes, there may be discrepancies that you and your attorney with vast knowledge of personal injury law can correct.
Make sure to get the addresses, names, phone numbers, and other contact information of those who are willing to testify, which could make the process of gathering evidence easier than ever.
It is helpful to exchange license plate numbers, insurance details, and other contact information with the driver.
Waiting for too long before you get medical care is something you should avoid. Whether you have sustained simple or severe injuries, do not hold back on getting medical attention immediately.
Do not take responsibility for the car accident right away. Wait for the report from the insurance company and the police. If you are being blamed for the accident, even if you did nothing wrong, this is the best time to dispute fault and leave the job to a professional with broad expertise in the law.
Do not make a settlement with the at-fault driver. Plus, never accept compensation from anyone. You should consult your accident injury or personal injury lawyer before making any settlement. In addition, try to investigate and look for skid marks or other pieces of evidence.
Is your personal injury claim rejected without a good reason? Do not just stay silent. An experienced attorney can help you achieve the justice and the right treatment you deserve.
So, what are you waiting for? File a claim with the best lawyer in Iowa today! Do your homework first. Study their website and focus on reviews before making any decision.