Proving You Weren't At Fault for a Car Accident

If you've been involved in any kind of vehicle accident, and you believe you're being unfairly blamed for causing the crash, disputing fault usually means arguing against a car insurance company's finding that you were solely or mostly liable for the crash.

It starts with letting the other side know you plan to fight any fault finding. Next comes the hard part: building your best car accident claim to show you weren't the one at fault for your accident.

Who Decides Fault for a Car Accident?

After most car accidents, once the car insurance companies are notified, an insurance agent will investigate the car accident and try to piece together what happened, and who might have been at fault. That usually means:

• talking to everyone involved in the accident, and witnesses who might have seen any part of the crash, to piece together a narrative of how the crash happened
• inspecting vehicles to figure out the location and extent of vehicle damage
• examining documents (like any photos of the accident scene, the police report, traffic citations, and medical treatment records) to see if they point toward a potential cause of the accident.

How to Dispute Fault For a Car Accident

If you're involved in a car crash in one of the many fault-based car insurance states, and an insurance company decides you're at fault for the car accident, there are steps you can take.

Disputing a fault finding starts with what you did at the scene of the car accident. Hopefully you:

• got the names and contact information of any witnesses who saw any aspect of the crash
• took photos of the positions of (and damage) to the vehicles, any accident debris, skid marks, and as many relevant aspects of the scene as you could, and
• asked for a copy of any police report that was generated in connection with the crash.

Finally, and perhaps most importantly, if you felt even the slightest hint of injury, it's crucial that you sought prompt and thorough medical attention as soon as possible, so the insurance company can't argue that you waited too long to get treatment. Get more information on steps to take after a car accident.

Here's what to do next.

Let the Car Insurance Company Know You Disagree With Their Fault Decision

Immediately notify the insurance company—via phone and in writing via a follow-up letter or email—that you disagree with their finding of fault and intend to take action by presenting new evidence and/or explaining/reframing the existing fault picture.

Simply voicing your disagreement with the insurance company's fault finding could prompt further investigation that might lead to a different conclusion. At the very least, you've created a record of your disagreement that might be important further down the line.

Utilize the Insurance Company's Fault Dispute Processes

Some insurance companies have internal policies regarding disputed fault investigations, and you may be asked to give a statement or present your side of the story to an insurance adjuster.

It's important to know your rights in these situations. You don't want to make any kind of statement that may hurt your case in any car accident lawsuit you decide to file. If you're disputing liability, it may make sense to get a lawyer involved on your side, even if just in an advisory capacity.

Try to Get the Police Report Changed

If you disagree with the police report that was generated in connection with your car accident, try to speak with the investigating officer to present your side of the story. You might be able to ask that the officer add an addendum to the report, or fix an obvious error .

Fight Any Ticket You Received Over the Accident

If the insurance company's determination is based on the fact that you received a traffic violation in connection with the accident, you must fight the ticket in court. Even if you're not ultimately successful, the fact that you're willing to take this kind of action will show the insurance company that you're serious about protecting your rights. Learn more about fighting a traffic ticket.

Fault Isn't Always an Issue in a Car Accident Case

It may seem strange to hear, but fault or liability—the answer to the question "Who caused the crash?"—is not a key issue in every kind of car accident claim.

For example, in a no-fault car insurance state, a determination of fault is irrelevant to most car accident injury claims, by statutory design. That's because with no-fault, a driver's own insurance coverage will apply to their car accident injuries and certain other losses. The claimant's injuries must meet a certain threshold before they can step outside the no-fault system and make a liability claim directly against the at-fault driver.

So, if you're in a car accident in one of the dozen or so no-fault states, and the other driver is saying you caused the accident, you may not have anything to worry about. But keep in mind that since no-fault car insurance doesn't apply to vehicle damage claims, if you're making a claim for damage to (or total loss of) your car or truck, fault for the accident will likely be a relevant factor in determining whose insurance will cover your losses.

Is It Worth It to Dispute a Car Accident Case?

If you're found to be at fault for any type of car accident, it's not the end of the world. This is why you have car insurance, after all. Your car insurance rates might go up, but if there's enough coverage in place to pay any claim made by the other driver, and your own losses are covered, it might not make sense to dispute a fault finding (especially if it looks like it might be an accurate one). Learn more about what happens if you're at fault for a car accident.

But if you're seriously injured, or there might not be enough insurance in play to cover all your losses, or you've experienced a significant amount of pain and suffering in the wake of the accident, spending the time and resources to keep fighting probably makes sense.

Getting a Car Accident Lawyer's Help

If you do decide to dispute a fault finding after a car accident, know that right or wrong, insurance companies tend to take lawyers more seriously than they do "civilians." If you're handling your car accident claim yourself, the chances of being ignored or bullied by an insurance adjuster are exponentially greater, especially if they say they have all the evidence they need to blame you for the accident.

If you're disputing a fault finding, having a car accident lawyer on your side means your best case will be put together by a skilled professional. And if it's necessary to do so, a lawyer will take the lead on filing a car accident lawsuit if the insurance company won't move from its position. Learn more about when it's time to hire a car accident lawyer.