The only thing worse than being involved in an accident is being wrongly accused of being at fault for the incident. Unfortunately, being wrongly accused of causing an accident is a common occurrence that can cause your insurance rates to go up and other legal issues. There are specific steps you can take to help protect yourself from being accused.
What Should I Do After an Auto Accident Occurs to Protect Myself From Blame?
One of the easiest ways to protect yourself from being blamed for an accident begins right after the incident occurs. After you have checked yourself and others for injuries, you should immediately begin documenting the accident scene and gathering evidence, including:
- Taking numerous pictures of the damage to both vehicles, terrain, lighting conditions, skid marks, and anything else that may be relevant to the accident case.
- Exchanging information with the other driver, including driver’s license, phone number, and car insurance information.
- Gathering evidence by obtaining the names and contact information of any bystanders who may be potential witnesses.
- Obtaining a copy of the police report.
- Writing down everything you can remember about the accident as soon as possible.
- Notifying your insurance company that you have been involved in an accident.
- Contacting an experienced accident attorney who can guide you through the legal process.
How is Fault Determined in an Accident?
After a car accident occurs and the insurance providers are notified by their policyholders, an insurance adjuster will investigate the incident. The adjuster’s job is to determine how the accident occurred and which driver is at fault.
To try and determine who is at fault, the adjuster will:
- Inspect the damage to both vehicles.
- Interview both drivers and any witnesses to the accident.
- Examine all available evidence, including accident scene photos, police reports, and medical records.
Because the insurance adjuster can only make a determination based on the evidence that is presented, the pictures and other evidence that you gathered in the steps outlined above can help the adjuster make an informed decision.
Can I Dispute the Insurance Company’s Decision?
If the insurance company finds you at fault, but you disagree with their findings, you must take immediate action.
First, inform the insurance provider that you disagree with their decision. To inform the insurance company of your intentions, you may call or email expressing your disagreement and that you intend to take further action. At this time, you may be able to present new evidence that may cause the provider to reevaluate their decision.
The insurance company may reopen the investigation and potentially reverse their decision declaring you to be at fault.
Why Is it Important to Hire an Attorney After Being Involved in an Accident?
If you’ve been involved in an accident, be sure to seek qualified legal advice to protect yourself against false allegations. An attorney can explain your legal rights and act as your legal advocate with the insurance company.
Insurance companies often make mistakes or deliberately deny claims to avoid large payouts. Insurance companies are often more concerned about their bottom lines than their claimants’ well-being. However, in many cases, the insurance provider is more than willing to listen to your side of the story if they know you have an attorney representing you.
If you’d like more information about how you can protect yourself or if you’ve been wrongly accused of causing an accident, contact RTRLAW today for a free, no-obligation case review or call us toll free at 1-833-HIRE-RTR (1-833-447-3787).