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What to Do If you are Wrongly Accused of Being At-Fault after Car Accident

October 24, 2023

The aftermath of a car accident is a chaotic scene. Damaged vehicles, painful injuries, shock, and trauma all combine, leaving the involved motorists stunned and vulnerable. Some may react by instinct with an, “I’m sorry,” while others respond defensively and accuse the other person of causing the accident. But what happens when something you said during the traumatic moments after an accident, or a mistake or assumption during the accident investigation results in a false accusation of being the party at fault?

Being wrongly accused in a car accident leaves you liable for thousands of dollars. Even with good insurance coverage, legal liability has lasting repercussions. Being falsely labeled as the liable party in a car accident can result in the loss of your auto insurance or higher rates, and could end up with you in the defendant’s seat in a lawsuit. So, what do you do after a false accusation of liability for a car accident?

What to Do If you are Wrongly Accused of Being At-Fault after Car Accident

Protecting Yourself at the Scene of an Accident

The best defense against a false accusation of fault in a car accident is to protect yourself at the scene of the accident. Even a simple, “I’m sorry” implies guilt and may be used against you, even if you only meant that you were sorry the accident happened or sorry for their pain.

If you were seriously injured, you may be able to do little other than wait in place for help, but if you’re able to safely use your phone or hand it to someone trustworthy to use for you the following steps can protect your physical and financial interests:

  •  Do not admit guilt, even if you think you may have made a mistake
  • Call 911 to report the accident and ask for emergency services
  • Take photos of the damaged vehicles and the accident scene
  • Include anything relevant to the accident, such as a signal light or debris in the road
  • Record a brief statement about what you remember about the accident while it’s fresh in your mind since trauma can fade the memory later
  • Do not tell the police officers that you are okay… many injuries don’t reveal themselves until after the shock wears off. Your statement may be used against you in an injury claim

It’s always critical to have a complete medical evaluation after an accident and request a detailed report of your injuries. Then, ask for a copy of the police report and call a Seattle car accident attorney before speaking to investigators or insurance representatives.

What If I’m Wrongly Found At Fault in a Car Accident?

It’s very common for drivers to falsely blame someone else for causing an accident to avoid liability. Sadly, insurance companies often assign injury victims a greater portion of fault in an accident than they’re due in order to minimize their payout.

In comparative negligence insurance states, insurance adjuster reduce a payout by the injury victim’s percentage of blame. For example, if they find you 50% at fault in an accident, they only have to pay $50,000 of a claim for $100,000.

The best way to protect yourself against false accusations of fault in a car accident is to hire an experienced attorney who will do the following:

  • Diligently investigate the accident by examining evidence, scrutinizing the accident report, examining any existing photo or video evidence, documenting eyewitness testimony, and consulting with accident reconstruction experts
  • Use the evidence to prove the responsible party liable for damages
  • Send a demand letter and evidence packet to the insurance company of the party at fault
  • Craft a compelling case for complete compensation for your damages

No one should have to go it alone in an accident case. It helps to have someone in your corner when it comes to proving the at-fault party liable and protecting your rights and best interests.

The Fang Law Firm offers 100% remote and contactless meetings & representation.