Do i have a case?

Call now for your

Free Consultation:

Proving Liability in a Car Accident

Proving liability in a car accident is a complex and crucial aspect of the legal process that follows such incidents. In the blink of an eye, a car accident can disrupt lives, cause property damage, and result in physical injuries. When these events occur, determining who is at fault becomes a pivotal concern, as it dictates the responsibility for damages, medical bills, and compensation. The process of proving liability in a car accident involves a careful examination of various factors, including the actions and negligence of the parties involved, the collection of evidence, and a thorough understanding of traffic laws and regulations. This investigation is necessary to establish the foundation for insurance claims and legal proceedings, ensuring that the right party bears the responsibility for the consequences of the accident. In this context, the intricate web of circumstances surrounding car accidents calls for a methodical and objective approach to establish liability, providing clarity and resolution to the individuals affected.

Can Insurance Companies Reject your Liability Claim?

Rejection of a Liability claim is subjected to certain factors as follows:

  • Lack of Coverage: Insurance policies are designed with specific types of coverage. If the incident does not fall within the scope of your policy, the claim will be denied. For example, if you have a liability-only auto insurance policy, it covers damage you cause to others, not damage to your own vehicle. If you file a claim for damage to your car, it will likely be denied.
  • Policy Exclusions: Policies may contain exclusions that specify situations where coverage is not provided. Common exclusions include intentional acts, racing, or using a vehicle for hire (like ride-sharing services) without the appropriate coverage. If the accident falls under these exclusions, your claim could be denied.
  • Late Notification: Most insurance policies require you to report an accident promptly, typically within a certain timeframe (e.g., within 24 or 48 hours). Failing to do so may lead to a claim denial, as the insurance company may argue that the delay hinders their ability to investigate the incident properly.
  • Misrepresentation or Fraud: Providing false information is a serious offense in insurance claims. If you misrepresent the facts or engage in fraudulent activities related to the accident, such as staging an accident or inflating the damages or injuries, your claim will likely be denied.
  • Insufficient Evidence: To establish liability in a claim, you need to provide evidence supporting your case. This could include photos, witness statements, police reports, and medical records. If you lack sufficient evidence or the evidence is contradictory, the insurance company may deny the claim because it can’t establish liability.
  • Disputed Liability: In cases where fault is unclear or disputed, the insurance company may deny your claim until they can conduct a thorough investigation to determine liability. They may need more time to gather evidence and statements from all parties involved.
  • Failure to Cooperate: Insurance policies often require policyholders to cooperate fully with the insurer’s investigation. If you refuse to provide information, documents, or other requested assistance, your claim may be denied.
  • Policy Lapse or Non-Payment: Your insurance policy needs to be in force at the time of the accident. If your policy has lapsed due to non-payment, or you don’t have coverage when the accident occurs, your claim will be denied.
  • Uninsured or Underinsured Motorist: If you’re involved in an accident with an uninsured or underinsured motorist and you don’t have the necessary coverage, such as uninsured/underinsured motorist coverage, your claim may be denied.
  • Violation of Policy Terms: Insurance policies come with terms and conditions that policyholders are expected to follow. Violating these terms, like using your insured vehicle for a prohibited purpose or allowing an uninsured individual to drive your vehicle, can result in a claim denial.

Things to Ensure when Proving Liability

Avoid admitting fault on the accident scene

  • to protect your case remain composed, stick to the facts, and refrain from emotional confrontations. In case of safety concerns, contact the authorities for assistance.
  • After calming down, collect comprehensive information by:
  • Taking clear photos of the accident scene and the extent of damage.
  • Recording the date, time, and weather conditions.
  • Documenting street names and relevant road signs.
  • Exchanging contact information with all parties involved and recording their license plate numbers.
  • Gathering contact details from any witnesses at the scene.
  • Seek a medical assessment without delay, even if you believe your injuries are minor or non-existent. Collisions may result in delayed onset injuries, and prompt medical evaluation is vital to document any injuries sustained. If necessary, visit the nearest hospital for a thorough assessment.
  • Familiarize yourself with local traffic laws to understand the liability implications of your situation. Some accidents may allocate liability differently depending on specific circumstances.
  • Build a solid body of evidence using the materials and information you’ve collected. This evidence can include:

Admissions of fault by any involved parties.

  • Videos and photographs taken at the scene.
  • Medical records related to injuries.
  • Testimonies from witnesses or expert opinions.
  • Any information regarding criminal convictions of the other party at the time of the accident.
  • Be sure to retain hard and soft copies of these documents.
  • If the police do not arrive at the scene, file a report either online or in person. Include all gathered evidence in this report and inform your insurance provider about the incident.
  • Review the police report for accuracy and request corrections if necessary. A detailed police report can aid in avoiding a denied insurance claim.

Consider retaining the services of a competent lawyer

  • Particularly if you intend to pursue legal action. A knowledgeable attorney can guide you through the complexities of gathering evidence and proving the other party’s liability, even in cases where shared liability exists.

Get in Touch with Phillips Law Offices

To establish liability in your car accident case, legal representation is often essential. At Phillips Law Offices, we view our clients as an extension of our family and are committed to fighting on your behalf to ensure you receive the rightful compensation. Following a car accident, if you need assistance in navigating the legal complexities, our services encompass offering a complimentary consultation to evaluate the strengths of your case, gathering forensic evidence to demonstrate your lack of liability, engaging expert witnesses to thoroughly assess all available evidence, negotiating with insurance companies on your behalf, representing you in mediation sessions, managing and filing all necessary legal documentation, and advocating for your interests in court should negotiation attempts prove unsuccessful. You shouldn’t have to navigate the distressing aftermath of a car accident alone. Let us champion your cause, allowing you to focus on your full recovery.

Interesting Read

How Do You Prove an Accident Caused Your Back Injury?

Request a Free Consultation

No, thank you. I do not want.
100% secure your website.
Request a Free Consultation

No, thank you. I do not want.
100% secure your website.

Request a Free Consultation

Skip to content