If you have been involved in a car accident, you already know that it is an incredibly stressful experience. But what happens when you are unfairly blamed for the crash?
Whether it’s a minor fender-bender or a more serious crash that you had in Wichita, you may want to know how to dispute fault in a car accident. At Prochaska, Howell & Prochaska LLC, we will take you through the process from start to finish. Below, we discuss what you need to know to counter these findings after your Kansas auto collision.
Why Fault Matters
First things first. Let’s discuss what fault is and why it matters in the first place.
Kansas is what’s referred to as a modified no-fault auto insurance state. While generally in a no-fault state, an injured motorist would file a claim with their own insurer to pay for their medical bills or vehicle repairs. In those instances, fault wouldn’t typically come into play.
As you likely can surmise, mandatory insurance minimums are low and health care costs are high, which means that an injury victim’s own coverage doesn’t go very far if they’re seriously hurt in an accident. Thus, in those instances, fault does come into play, as a motorist with injuries may need to file a claim with the other driver’s insurer. The adjuster assigned to the case will assess for fault in those instances.
If you are found to be at fault for a car crash, that could directly affect your ability to secure compensation by filing an insurance claim or personal injury lawsuit. If the insurance company finds you at fault, you could be responsible for injuries and other losses resulting from the crash.
Remember, proving fault involves showing that you were negligent in some manner. If you feel this is the wrong conclusion from the insurance company, you can dispute the findings.
You Can Reach Out to an Insurance Company
After being notified that you are at fault for a crash, ideally, you’d want to contact the insurance company that reached such a conclusion. It’s likely to be the other driver’s insurer who decides that you are to blame for what happened, though. So, what do you do?
While you can certainly call or write to lay out reasons you’re disputing an insurer’s findings regarding fault, doing so may can backfire on you if you don’t know what to do or say when interacting with them. See, anything you say could lead them to shift more blame to you, affecting your ability to make a fair financial recovery in your case. This is often why having a car crash attorney represent you and your interests when dealing with insurers is best.
Whether you opt to take on insurers unilaterally or with the assistance of a lawyer, if you plan to contest a fault determination, you’ll need to produce evidence that substantiates your position.
Evidence You Can Use To Dispute Fault for a Car Crash Case
As mentioned above, you need to have some tangible evidence to support your claim. Items of evidentiary value often used to prove or dispute fault for Wichita auto accidents include:
- Photos from the crash scene that show vehicle positions, road conditions, any visible damages, and injuries
- Video recordings
- Physical evidence like damaged auto parts
- Witness statements who are able to provide a third-party account of the incident
- A police report
In terms of the latter, make sure to read it carefully after obtaining it. If there are any inaccuracies or discrepancies related to fault assignment, make note of them so you can discuss them with the insurance company or your attorney.
Why To Consult With a Lawyer
As hinted at above, it may be in your best interest to contact an attorney to handle all correspondence with the insurance company. With that, you can avoid most of the hassles of going back and forth with an insurer.
If discussing the case with the insurance company does not yield a satisfactory result, and you believe the fault determination is grossly unfair, you may need to take further legal action. Your lawyer can evaluate your case, considering all evidence, and determine if filing a lawsuit is warranted. Legal battles can be lengthy and expensive, so you can expect them to assist you in weighing the pros and cons associated with any recommended next steps.
Whether you were just involved in a car crash in which you sustained injuries and are concerned about fault determinations, or you’ve recently been deemed to blame for what happened for one that happened previously, having evidence to support your claim will be critical in your case. A car crash attorney in Wichita can help you sort out liability during this time. Their assistance can help challenge these findings and aid you in reaching a fair resolution to your claim.
