How To Dispute Fault for a Car Accident

You have a story to tell in the aftermath of a car accident. The first person you’ll tell that story to is the police, who respond to the scene. After that, you’ll recount what happened to your family, friends, and doctor.

In every retelling of the accident, you’ll assign fault to who you think is responsible for the accident. Of course, the other driver will be doing the exact same thing but with a different version.

It is only natural to resist accepting blame for an accident. Doing so means you’ll be responsible for paying for the damages, or your insurance company will pay for it. Ironically, your insurance company will most likely take your side if there is a dispute about fault.

That’s because they don’t want to pay either.

When you get into matters involving accident investigations and disputing fault, it will help to get the support of an experienced car accident attorney like the team you’ll find standing by at Thomas Law Offices. We have helped many clients prevail when there is a dispute about fault. Determining who is liable for an accident is crucial for deciding what the final settlement will be.

How Illinois Comparative Negligence Impacts Fault

Like many other states, Illinois follows the concept of comparative negligence when assigning blame in an accident. Specifically, it applies a modified comparative negligence. That allows anyone who is injured in an accident to recover damages even if they are found to be partially at fault for the accident. However, their fault has to be less than 50%.

For example, if the total damages from an accident are $50,000, but you’re found to be 20% responsible for the accident, then you would only receive $40,000. Comparative negligence favors insurance companies because if they successfully establish fault, they will be paying less.

It is to your advantage to clearly establish who is to blame for the accident and by what percentage.

Steps to Take to Dispute Fault for a Car Accident

In the immediate aftermath of a car accident, you are in a prime position to document many important pieces of evidence, if you can. Any photos or videos you take on your phone can support your version of what happened.

Once you file a claim, the insurance company will assign an adjuster to conduct their investigation. They might even incorporate some of your evidence. Their findings will support whether the company approves or denies your claim. If you receive a denial, you will need to take action.

At this point, it will be advantageous to get an attorney involved if they aren’t already. The following are steps to take to dispute fault in a car accident.

Request a Written Explanation

The insurance denial letter might not always contain a thorough explanation. You should request a detailed explanation of why the company denies your claim outright or suggests you’re partially at fault.

Their explanation can point to the gaps you need to address in your story.

Look for Inaccuracies in the Insurance Assessment

Insurance adjusters have a lot of experience investigating accidents, but they are only human and can only process what is put in front of them.

There could be some inaccuracies or inconsistencies in their findings regarding things they’ve overlooked or misconstrued. You have the opportunity to address those.

Submit a Formal Dispute

You are entitled to submit a formal dispute with the insurance company. That dispute can detail why you think there are errors. It is vital that you provide supporting evidence. Although your testimony is important, facts must be on your side.

Many insurers think that you’ll give up if they deny your claim. Your persistence can pay off.

Gather Additional Evidence

There might be additional evidence you did not initially have access to when you filed your claim.

For instance, homes or businesses around the accident could have surveillance cameras. That footage can help demonstrate what happened at the time of the collision. There might also be additional witnesses who come forward to lend support.

Your attorney can help track down that evidence and make the proper requests to obtain it.

Consult with an Expert Reconstructionist

An accident reconstruction expert can use all of the evidence you’ve collected and create a reconstruction of the accident in visual form, such as a 3D animation. That video and their insights can help fortify your claim.

Update Your Medical Reports

There might also be an issue with the extent of your injuries that you’ll want to expand on in your dispute. That is especially relevant if the insurance company does not agree with the assumption that the accident caused your injuries or that the impact is as devastating as you claim.

Obtain Skilled Legal Representation

It might seem like an overwhelming task to take on a big insurance company. However, facts are facts.

When they are presented in the proper form, you can prevail. That is where the services of Thomas Law Offices can be an asset. We have helped hundreds of clients successfully dispute insurance company assertions about who is at fault in an accident.

If we agree to help with your claim, you can count on the full support of our team of skilled investigators and litigators. That support begins with a free consultation.

Call to get started today.