If you have been in a car accident in a state that has fault-based insurance coverage, and your claim is denied because they believe you are at fault, you can dispute fault.
You will need to notify the auto insurance company as soon as possible that you dispute their findings. To dispute fault, you need to call the insurance company and then follow-up with a letter.
There are several ways to dispute fault, depending on why the insurance company is blaming the accident on you.
You should dispute fault to get your damages covered after a crash. Often, an accident injury lawyer can help you get your claim on the right track and guide you through the process.
Tips for Disputing Fault After an Accident
- If the insurance company is placing the blame on you because of a citation, or because of a statement in the accident report, you will need to fight the ticket in court or speak with the officer who issued the citation to tell your side of the story. You might be able to have the accident report amended. Making your disagreement known could lead to further investigation, which in turn, might result in additional findings that could benefit you.
- Some insurance companies have their own policies regarding investigations where fault is disputed, so you might have to tell your side of the story to an insurance adjuster or give a detailed statement to the insurer. You should understand your rights in these situations, so it is wise to get an attorney to represent you, even if it is just in an advisory role.
- Proving fault starts at the crash scene. If those involved have only minor injuries, get photos of the crash scene. Skid marks, debris, damage, and vehicle positions will help determine who was at fault. You always want the police to come out and complete an accident report. Get medical care as soon as possible because the insurance companies also look at how long it took you to seek medical care after the crash.
- Maintain thorough documentation to support your claim. Keep medical records, medical bills, and statements from witnesses along with contact details for any eyewitnesses to the crash. This documentation will support your losses.
Consult With A Personal Injury Lawyer
Personal injury claims can be challenging. To ensure your interests are protected and to make sure your claim gets on track, you should consult with a personal injury lawyer. Even if you just use the lawyer on a consultation basis, your claim can benefit significantly, and you can dispute fault while attempting to get your claim paid.
Regardless of whether your insurance or the other party’s insurance is placing the blame on you, an accident injury lawyer can help you get your claim on track.
Complete the Free Case Evaluation Form on this page, so an attorney can review the details of your case and determine the best way to get your damages covered.
