What Do You Do if You’re Not at Fault in an Accident?
What Do You Do if You’re Not at Fault in an Accident?
When two drivers get into a car accident, they’re both going to have their own versions of what happened. Neither one is going to admit they were at fault. In fact, the first thing most drivers do after an accident is start pointing fingers – literally and figuratively.
So, when it comes time to determine fault, it’s a lot harder than you may think. An outsider may look at the scene and think they know exactly what happened. However, sometimes, there’s more than meets the eye.
If you’re in a car accident and truly believe the other driver is at fault, you’re going to need a car accident lawyer in Texas. Chances are, the other driver’s lawyer is going to say you were at fault. Your lawyer is going to have to prove that you were not at fault.
What Will the Insurance Company Think?
When it comes to certain types of accidents, fault is presumed. For example, in a rear-end accident, we always presume the rear driver is at fault. In a drunk driving accident, we naturally (and rightfully) presume the person drunk was at fault.
But what happens when there is no clear culprit? Insurance adjusters have to make these determinations every day. When there is no clear person at fault, they’re going to argue that the other driver was at fault. This means they’re going to deny your claim.
Insurance companies aren’t in business to pay claims. If they paid every claim that was submitted, they’d go out of business in no time at all. They need to weed through their claims and make judgment calls. Nine times out of ten, these judgment calls are not going to be in your favor.
If the insurance company does deny your claim, all hope is not lost. Your Texas car accident lawyer can help.
Your Texas Car Accident Lawyer Will Appeal Your Claim
If your accident claim is denied, your lawyer will help you file an appeal. First, they’ll talk to the insurance adjuster and find out why it was denied. Your claim can be denied for all sorts of reasons. Some of the common reasons include:
- The policy wasn’t valid at the time of the crash
- The other driver wasn’t listed on the policy
- The policy had lapsed for non-payment
- They believe you were at fault
- They don’t believe your injuries were legitimate
- You have a history of filing fraudulent accident claims
If the policy wasn’t valid, your claim is not going to be paid – period. No insurance adjuster will approve a claim on an invalid policy.
For any of the other reasons, your car accident attorney in Texas can file an appeal. They’ll try to negotiate a settlement with the insurance adjuster. If this doesn’t work, you’ll have no choice but to file a lawsuit against the other driver.
How Can You Prove the Other Driver Was at Fault?
If you file suit, your Texas auto accident attorney will have to prove the other driver was at fault. This isn’t going to be easy. Your lawyer will have to submit evidence showing who was at fault. In order to do this, your lawyer will rely on some of the following things:
- The police report: This report is going to contain information that can help prove who was at fault. Some of this information includes:
- Pictures of the accident scene
- Statements made by the drivers
- Witness statements
- Road conditions
- Description of how the cars were positioned
- Medical records – Your medical records will show how bad your injuries were. If one party has a certain type of injury, it may help show which driver was at fault.
- Expert witnesses – Your lawyer may have to hire experts, such as accident recreation specialists, to show who was at fault. These experts are usually engineers and scientists who study the mechanisms of car accidents.
- Testimony – Your lawyer may need to rely on the testimony of you and some of the eye witnesses. Although this evidence is clearly biased, it may be the best evidence your attorney had.
Your Texas car accident attorney may need to incorporate all of these types of evidence to prove who was at fault.
Contact a Car Accident Lawyer in Texas Today
If you’ve been in a car wreck, you may need to contact a car accident lawyer in Texas today. The other driver will have an attorney arguing that you were at fault. You need an experienced car accident attorney to show that you were not at fault.
Call today and schedule your free initial consultation. And remember – you pay nothing until you settle your case.
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