What To Do If At-Fault Driver Denies Responsibility
You thought you had the right evidence, and the other party was negligent so they won’t deny their fault. But what if they do? What if the at-fault party still denies responsibility and compensation they owe you despite their negligent act?
Well, if that happens, the steps you take are actually more critical than you think. Immediately after their denial, make sure you inform your insurance company, file a police report, and obtain physical evidence and exchange witness statements.
More than that, it’s mandatory to take assistance from a specialized auto car accident attorney if you’ve dealt with it all alone before. Because even if you think you’re going right, you may be making mistakes without proper legal guidance.
Read on to explore more about it.
5 Must-Take Steps Immediately If The Driver Denies
1. Do Not Confront the Other Driver
Not confronting the other driver after a car accident can be very important for protecting your insurance claim. You may say something that will hurt your case or even provoke a confrontation because of what you said.
Why It Is Important Not To Confront Them:
- To Avoid Saying Something You Will Regret: Arguments can become heated, and you might admit liability or lie about what happened to you.
- Protection From Retaliation: A verbal fight might get physical. You can easily end up in a fight.
- Preventing Lie Traps: The other driver will likely lie, and you should not try to convince them otherwise by arguing.
2. Collect And Preserve Evidence
Evidence collection and preservation involve establishing an immediate crime scene, documenting photographs and notes, and appropriate and separate packaging to maintain integrity.
Main points to be observed include wearing gloves, properly labeling with case information and chain of custody, and securely protecting the evidence to prevent tampering or loss.
Specific evidence of the accident:
- Photos of vehicle damage
- Dashcam or nearby CCTV footage
- Witness names and phone numbers
- Police report number
- Medical records
- Repair estimates
- Insurance communication records
Types of evidence and how to collect:
- Biological (blood/fluid): Air-dry, and place in a paper bag or box; plastic is a good conductor of heat, and molds will likely form and grow.
- Trace (hair/fiber): Collect with forceps, scalpel, or specialized vacuum; include the surrounding material for comparison.
- Digital/documentary: Hash electronic records.
- Arson: Use coated, sealed metal containers.
3. Looking For Medical Treatment Immediately
If you are feeling fine after the collision, make sure you see your physician in case you experience any of the symptoms listed above. Documentation from your physician will also be useful in tying your injuries to the incident should the other party deny any wrongdoing.
When to look for an Immediate Emergency (Call 911):
- Heart Issues: Chest pain, pressure, or discomfort.
- Stroke Symptoms: Sudden numbness, weakness, confusion, or slurred speech.
- Breathing Issues: Severe shortness of breath or choking.
- Injuries: Head injuries with loss of consciousness, deep wounds, or uncontrolled bleeding.
- Other: Uncontrollable pain, convulsion attacks, dizziness, etc.
4. Notifying Your Insurance Company
The insurance company needs to be notified immediately (within 24 hours of the accident/occurrence), either by contacting their toll-free claims helpline, mobile application, or by notifying your representative. It is necessary to report the truth about the situation, regardless of whether you are liable, per policy.
If you sustain injury or suspect yourself of having sustained injuries during the accident, ensure that your insurance company knows about it immediately, along with all information regarding it.
Legal and Insurance Alternatives
- Review your Auto Insurance Policy: With collision insurance, you might get the damage repaired at your insurer’s expense and claim from the other person’s insurer (Subrogation).
- Get a Written Denial: Ask your insurer for an official written denial explaining its reason for denying your claim.
- File a Personal Injury Claim Lawsuit: If you are denied the claim by your insurance company, then you must file a personal injury lawsuit against the liable party, which would compel him to act in accordance with his insurance policy.
5. Avoid Posting On Social Media
Once the at-fault driver denies the accident, they cease to use social media entirely. Adjusters and defense attorneys routinely monitor websites such as Facebook and Instagram for evidence with which they can disprove an injury claim.
Even harmless postings can be misinterpreted to demonstrate that you are not actually injured, exaggerating the pain, or at least somewhat at fault for the accident.
Reasons to avoid social media posting:
- Contradiction: Your posts can contradict what you told the insurers, your witnesses, or the police.
- Injury discredit: The posting of a photo of you smiling, out with friends, or doing any day-to-day activity can be taken out of context to demonstrate you aren’t injured.
- Misconstrued Evidence: Adjusters may attempt to show a contradiction to support a claim that you are not truly injured as you say.
- Permanent evidence: Whatever you put on the Internet is permanent evidence that can be used against you in a court of law.
What to do instead:
- Turn dark: It is advised not to post anything online until your claim has been completely resolved.
- Don’t delete your old posts: Doing so can signal that you are trying to hide something.
- Maximize your privacy settings: Your posts may still be visible, so proceed with caution.
- Ignore Friend Requests: Insurance companies could pose as new friends to get information.
- Inform your friends and family: Ask them not to tag you or post photos of you during your recovery.
- Let your attorney manage evidence: Your attorney will work to gather your documentation.
Useful Tips to Follow In This Critical Situation
Being involved in a car accident can be overwhelming, but knowing the right steps can protect you legally and financially. Follow these essential tips to handle the situation wisely and safeguard your rights.
- Stay calm and do not admit fault.
- Call the police if required or if injuries, damage, a hit-and-run, a dispute, or an uninsured driver is involved.
- Exchange driver, vehicle, insurance, and witness details.
- Take photos, videos, dashcam footage, and location notes.
- Get medical care and keep records.
- Notify your insurer quickly.
- Avoid recorded statements without legal advice.
- Speak with a car accident attorney if liability is disputed.
Conclusion
In case of denial by the other party who was at fault, fast and well-coordinated action will help you secure your rights. Collecting relevant facts and reporting to the authorities will create a solid base for your claim.
Fault disputes can get complicated and require the right support matters. Consulting a reliable legal resource like Cockayne Law can help you better understand your rights and navigate the process with confidence.
Frequently Asked Questions
Q1. What happens after I file the claim with my Insurance company?
Your insurance company will contact you for detailed information regarding the loss and may take a written or recorded statement. An examination under oath can sometimes be requested. In addition, other people who were driving or witnessed the incident can also be contacted during your investigation. Should you have claims on medical payments or uninsured motorists, you have to present proof of your loss.
Q2. When to notify an insurance company?
Most policies require you to advise your insurer as soon as reasonably practicable after you become aware of any action commenced against you by a third party, or any incident which may give rise to a claim, no matter how trivial the incident may appear.
Q3. Do insurance companies send people to watch you?
The short answer is probably yes. The only way to know for sure whether an insurance company has conducted surveillance on you is when they produce it after your deposition in your lawsuit.
Q4. What if the other driver says they were not at fault?
If the other driver denies fault, their statement does not decide the claim. Fault is usually reviewed through evidence such as the police report, photos, witness statements, vehicle damage, traffic laws, and insurance investigation findings.
Q5. What happens if the other driver does not accept liability?
Accident victims must prove fault for a car wreck to recover compensation for damages. If the other driver and their insurer refuse to accept liability, filing a personal injury lawsuit may be the best option.