Other Driver Denies Fault

What Happens If the Other Driver Denies Fault in a Car Accident Claim?

The denial of fault after a car accident can make your claim process more challenging. A delay in getting compensation, especially if you have suffered serious injuries, can have devastating effects. Therefore, it is necessary to understand your rights as the victim.

Finding fault in a car accident is important as it determines the party who will be paying compensation for your damages. This can be done with the help of an experienced car accident lawyer.

In this blog post, you are going to see what will happen if a driver denies causing a car accident.

Why Does the At-Fault Driver Refuse to Accept Fault in a Car Accident Claim?

In a car accident, the at-fault driver will deny fault for several reasons. One of the main reasons is that they do not want to accept the financial responsibility for the car accident.

Accepting the fault can be seen as negligence or incompetence. That’s why some drivers refuse to accept fault in order to protect their self-image.

Without clear evidence or witness testimony, some drivers deny their liability based on their own perception of the accident.

What Will Happen When the At-Fault Driver Does Not Admit Fault in a Car Accident Claim?

When another driver involved in a car accident denies fault, it can complicate the claim process. Read on to learn the consequences.

Challenges in Proving Negligence

If the other driver does not accept their negligence, then it is difficult to discuss it with their insurance company. Proving negligence can be challenging when other drivers dispute the facts about how a car accident occurred. If you don’t have any proper evidence or witnesses, you cannot prove the negligence of the other driver.

Difficulty in Recovering Compensation

Remember that proving negligence is necessary to claim compensation. If you aren’t able to prove the negligence, then it can be challenging to recover compensation for your injuries and damages. In that case, there is a possibility that your compensation can be reduced or delayed.

What You Should Do

The following are the important actions you should take when the other driver denies fault for a car accident:

Collect Evidence

Gathering strong evidence can help you point out the fault of the other driver. The following are some of the important pieces of evidence in a car accident:

• Witness statements
• Photos and videos of the accident scene
• Medical records and bills
• Police report

These pieces of evidence will help you file a case against the at-fault driver.

Hire an Experienced Lawyer

When the at-fault driver denies fault, many legal proceedings must be initiated to determine their liability. As a victim, you do not have knowledge of the legal process. You need to work with an experienced personal injury lawyer. A lawyer will clearly understand the complications involved in a car accident. They will go through all the gathered evidence. Your lawyer will help you prove negligence by using the four elements of a car accident claim:

• The at-fault driver owed a duty of care
• The at-fault driver breached that duty of care
• The at-fault driver’s breach was the proximate cause of your injury
• You suffered actual injury or damages

Your lawyer will support you throughout the legal proceedings.

Final Thoughts

It is common for the at-fault driver to deny fault in a car accident. As a victim, you should consult an attorney who has experience handling car accident cases. Your lawyer will explain your legal options if the at-fault driver refuses to admit fault. Your attorney will protect your rights and seek fair compensation for the injuries and damages you have sustained.

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