Fault disputed

Disputing Fault in a Personal Injury Case

Some car crashes have a clear cause and the fault rests with one driver. But some accidents involve multiple causes, and the fault can be disputed. When that happens, insurance companies have ways to prove fault, and sometimes fault and negligence are distributed between drivers and passengers.

When fault is disputed, insurance companies work very hard to find evidence to prove their insured is not at fault, to avoid having to pay out a claim, or to reduce the amount.

Proving liability in an insurance claim

When the key issue of liability is disputed, evidence is gathered to prove which driver was actually at fault. This evidence can include physical evidence from the crash site, police collision reports, witness testimony, and vehicle damage photos. So after an accident, it is helpful to take good photos of vehicle damage and the crash scene including debris and skid marks. Gathering witness names at the crash location is important. Calling the police who will complete a traffic collision report after a collision also helps preserve evidence and formally document how the crash actually happened.

Fault can be disputed in any kind of personal injury claim, and each state has different laws and rules regarding how fault is determined, and how medical bills are paid. For example, Virginia is an at-fault state, which means the driver whose negligence caused the accident is responsible for compensating you. Virginia does not require insurance on every registered vehicle. If the driver who caused the accident has insurance coverage, you can request compensation from their insurer. Click the links below to learn more about Virginia’s at-fault laws as they relate to:

• Charlottesville car accidents and Harrisonburg car crashes;
• Charlottesville pedestrian accidents;
• Charlottesville motorcycle accidents;
• Charlottesville commercial truck accidents and Harrisonburg truck accidents;
• Charlottesville drunk driving accidents and Harrisonburg drunk driving accidents;
• Harrisonburg distracted driving accidents;
• Charlottesville rear-end accidents and Harrisonburg rear-end accidents;
• Charlottesville sideswipe collision accidents and Harrisonburg sideswipe crashes;
• Charlottesville failure to yield accidents;
• Harrisonburg speeding driver accidents;
• Charlottesville hit-and-run accidents and Harrisonburg hit-and-run accidents;
• Harrisonburg leased car accident accidents;
• Charlottesville Uber and Lyft accidents;
• Charlottesville head-on accidents and Harrisonburg head-on accidents.

How injury attorneys help prove liability to protect their clients

When the issue of disputed fault arises and one insurer denies a claim based on its belief that its driver was not at fault, the insurer often will offer a minimal settlement, or no settlement at all. Generally, if an insurer asserts that its driver is not at fault, then often personal injury attorneys get involved, to protect the rights of their clients and undertake the process to prove liability. An injury lawyer has the experience to gather evidence, prove fault, and negotiate with an insurance adjuster to get the highest settlement possible after a personal injury.