Car accidents are stressful. Stress can increase when you receive a citation for a traffic violation or you are charged criminally for the crash. It is also even more stressful when you are at-fault for the crash that resulted. If you know you aren’t guilty, you might fight the charges or the citation in court. If you are found not guilty that might ease the stress some, but it might not be that easy with the insurance company. As an example, your insurance might have already accepted the responsibility for the crash and covered the cost of the damages, but then in court, it is determined by evidence and witness testimony that you were not guilty and not at fault for what ensued. There are several reasons why this situation could occur.
Were You Really Found Not Guilty?
There could be several reasons that you were found “not guilty” when the hearing went to court. Sometimes the charges are dismissed because the officer who wrote the citation didn’t show up or because you have completed a defensive driving course or community service. In those instances, you technically aren’t not guilty, but the charges are dismissed because you follow specific procedures or because the officer wasn’t available to testify. If you showed up and there was a hearing, in which you presented evidence and there was witness testimony, then you were found “not guilty.” Civil cases work differently, and you aren’t guilty or not guilty, but liable or not liable.
Challenging the Insurance Company
To challenge your insurance company, you will need to retain a personal injury attorney. You will also have to pursue a personal injury claim against the other driver and prove that he or she was negligent and at fault for the crash that ensued. The most likely scenario is that the other driver’s insurance will then file a cross-claim against you, and if they win you will be responsible for their attorney’s fees and court costs. This is definitely a situation that you don’t want to face alone, but instead, requires someone who is familiar with personal injury law to gather up documentation and evidence and to build a strong case.
Consult with a Personal Injury Attorney
If you have been involved in an auto accident, you should consult with a personal injury attorney. This is especially true if you were found not guilty in a hearing, but your insurance company still believes you are at fault. A personal injury lawyer is familiar with state and local laws and will know the best way to proceed with your claim. Also, because personal injury attorneys work on a contingency basis, you have nothing to lose. Every state has a strict statute of limitations for pursuing a claim, and if you wait too long, you won’t be allowed to proceed. Complete the Free Case Evaluation Form on this page today!
