If an insurance adjuster assigns you unfair fault or partial fault after a car accident, you may dispute it. Working with a Louisville car accident attorney from Grossman Green PLLC can help to create a thorough letter that strategically supports your claim against the negligent party, and if the insurance company refuses to do the right thing, we can file a lawsuit on your behalf.
How do I gather evidence to show fault for the accident?
The most critical part of disputing fault in a car accident is providing evidence. The sooner you collect this evidence, the better, as evidence like skidmarks will fade, witness memories will fade, and video footage could be overwritten or deleted.
Collect the following evidence as close to the accident as you are able:
- Photos and videos of the positions of the cars directly after the crash, vehicle and property damage, and the area surrounding the accident scene.
- Look around at businesses close by that may have surveillance cameras facing the scene of the wreck.
- Get a copy of the police accident report. This will contain the officer’s initial observations, drivers’ statements, and a preliminary assessment of fault.
- Contact information from anyone involved and any independent witnesses.
- Medical records from treatment immediately after the crash can help show that the injuries were caused by the collision
- Write a detailed report of the accident in your own words, including the time, location, road conditions, and the sequence of events.
While gathering evidence, stay calm and avoid saying anything that could be misunderstood as admitting fault. Let the facts speak for you.
How do I dispute a car accident fault determination?
If an insurance company assigns you partial or full fault in their determination, you have the right to challenge the decision. Request that the insurance adjuster send you a detailed explanation of their determination, including specific evidence or legal reasoning used. This helps you and your lawyer understand what the adjuster relied on and how to respond.
Usually, the carrier will simply be accepting its insured’s version of what happened as the truth. It’s important you provide the insurer will accurate information to dispute what the at-fault driver has reported to his or her insurance company.
Look for any inaccuracies, misinterpretations of the evidence, or overlooked details that you could point out. It’s always best to work with a lawyer who has experience disputing fault allocations. The lawyer can help you organize your evidence and submit a clear response before any deadlines.
Who decides fault in a car accident?
After most car accidents, the first steps towards receiving compensation for losses are typically filing insurance claims. Even if you shared in some of the fault of the accident, under Kentucky’s comparative negligence law, you may still be able to recover some of your medical bills.
Once notified of an accident, an insurance company will assign an adjuster to your car accident claim to conduct a thorough investigation. They will issue a determination based on gathered evidence regarding who was at fault in a car crash.
If they deny your claim or refuse to reevaluate the determined fault, you should work with a lawyer to take your car accident case to court. While litigation can be a longer and more tedious undertaking than an insurance settlement without a lawsuit, the litigation process usually requires the insurance company to pay what is fairly owed.
Can I get in touch with a car accident lawyer today?
Disputing fault is stressful, especially when you’re recovering and trying to explain your side to an insurance company. Working with a car accident lawyer from Grossman Green can help you understand how to dispute car accident fault and give you an edge when strategically planning your rebuttal. When you are ready to get started, contact us online or call us at (502) 657-7100 for a free consultation.