It is one of the most common types of vehicle accidents. A driver makes a lane change that places a second drive in harm’s way. Referred to as an unsafe lane change accident, proving fault often comes down to defining the word “unsafe.”
For example, a driver might have made a lane change that you consider unsafe, but the driver did use the turn signal, as well as made the lane change at a relatively slow speed. After reviewing your insurance claim, your insurer decides the car crash did not involve an unsafe lane change and thus, you receive nothing for paying the cost of health care and auto repair bills.
However, you should not quit the fight to recover the costs associated with an unsafe lane change accident. You have the right to dispute fault, which requires the assistance of an attorney who specializes in litigating auto accident and personal injury cases.
Disputing faults means you have to submit more convincing evidence to overturn the original decision made by your auto insurance company.
How to Dispute Fault
When you file an auto insurance claim, your claim goes immediately to an adjuster who reviews both physical and anecdotal evidence. An insurance adjuster’s primary responsibility is to limit the amount of money the company has to pay out for claims.
An unfavorable insurance adjuster decision can force you to cover all the costs associated with the accident. You might also have to pay for the costs incurred by another driver, which comes straight out of your pocket.
If your auto insurance company has stated you caused the unsafe lane change accident, you have to file a formal dispute that presents persuasive new information. You should view disputing fault like a defendant in a court case views filing an appeal. Unless you bring more convincing evidence to the table, you can expect your auto insurance company to file your claim in the “Resolved” folder.
Evidence You Need for an Unsafe Lange Change Case
Finding fault in a car accident case is another way of saying you have to prove the negligence of the other driver. Many unsafe lane change vehicle crashes leave a definitive physical mark, such as the tread marks of one or both vehicles involved in the accident.
This means it is critically important for you to contact the nearest law enforcement agency to arrive at the scene to collect physical evidence. If law enforcement decides not to come to the scene, then you should take photographs of the physical evidence left behind that includes tire marks, as well as any debris that fell off one or both cars.
Your insurance company wants as much physical evidence as possible to determine you were not at fault for the unsafe lane change accident. The company also wants the accounts submitted by witnesses to the crash. If a law enforcement official does not come to the scene, then it is your responsibility to gather the names, contact information, and version of events from every witness to the crash.
Your insurance company might decide to ask more questions of certain witnesses to establish that you did not cause the unsafe lane change crash.
You have a powerful tool available that can help you discover how strong of a case you have to dispute the fault decision issued by your auto insurance company. Schedule a free case evaluation to get the ball rolling on your claim.
