How to Dispute Car Accident Fault in Texas
Posted on Friday, November 1st, 2024 at 9:00 am
Have you been involved in a car accident and the other driver is trying to pin the blame on you? If so, you need to know how to dispute car accident fault. If the insurance company, police, or other parties incorrectly place blame on you, there are steps you can take to challenge them and protect your best interests.
Why Disputing Fault Matters
Being at fault in a car accident can have serious consequences. It can increase your insurance premiums, make you accountable for another driver’s costly vehicle repairs and medical bills, and damage your driving record. Fighting back against attempts to hold you liable can help protect you from being blamed for an accident you didn’t cause.
Steps to Dispute Fault in a Car Accident in Texas
Taking the proper steps early in the process increases the likelihood of a fair resolution, potentially saving you from the significant financial burden of an incorrect fault assignment. Here’s what to do.
Contact a Car Accident Lawyer
When someone accuses you of causing a car accident, reach out to a Beaumont car accident lawyer right away. They can help you understand your legal rights and options, guide you through the claims process, and gather the evidence necessary to dispute fault.
Gather Evidence
Gathering evidence after a car accident is necessary to support your version of events. Start by taking clear, detailed photos of the accident scene, including damage to all vehicles involved, any skid marks on the road, and the surrounding environment. Look for traffic signs, road conditions, or weather conditions that may have caused or contributed to the crash. This visual record helps establish what happened.
If there were bystanders or other drivers who saw the accident, get their contact information and ask for a brief summary of what they observed. Witnesses can provide an unbiased perspective, and your lawyer can reach out to them later for official statements.
If available, dashcam, surveillance, and traffic camera footage can serve as direct proof of the events leading up to the accident. Your attorney will search the area surrounding the accident scene for possible sources of footage that could clarify how the accident occurred.
Finally, obtain the police report, as it may contain critical information about the incident and the officer’s initial assessment of fault.
Contact Your Insurance Company
Reach out to your insurance provider as soon as possible to report the collision. After an accident, the insurance companies of the involved drivers will conduct investigations and assign fault based on the available evidence. While you should absolutely provide your insurance company with any evidence you and your attorney have gathered, you should avoid saying anything that could be construed as an admission of fault. Instead, stick to the basic facts. Your attorney can also handle all communications with your insurer to protect your rights.
Watch What You Say
Along similar lines, choose your words carefully when speaking to anyone about the accident. Avoid apologizing or making statements that could be taken as admitting fault, even casually. Phrases like “I didn’t see you” or “I’m sorry” might be used against you later. Focus on factual descriptions when speaking with police, witnesses, and the other driver. Let your insurance company or attorney handle detailed discussions of fault, and avoid posting about the accident on social media, which can complicate your case.
What if Your Insurance Company Says You’re at Fault?
If your insurance company finds you at fault for an accident, you still have options to challenge their decision. Start by reviewing their assessment of the accident and the evidence they relied on to determine fault. In some cases, they may not have considered critical details that could support your account. You can provide additional evidence that may give a more accurate picture of what happened.
Next, ask your insurer about their dispute or appeals process. Many insurance companies have procedures to formally re-evaluate claims when they receive new information. Submitting a written explanation and the additional evidence can strengthen your case, and your insurer may adjust their findings.
In any dispute over fault, having an attorney in your corner can strengthen your position. They will represent you in negotiations, which may help you reach a more favorable resolution with your insurer.
Contact Portner Bond, PLLC Today to Speak with a Texas Car Accident Attorney
If another driver, their insurance company, or your own insurer is attempting to hold you liable for a car accident that wasn’t your fault, you need an experienced Beaumont car accident lawyer to protect your rights. Contact Portner Bond, PLLC today at (409) 838-4444 for a free consultation to discuss your legal options.
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