To dispute car accident fault, you show an insurance company proof of the other party’s negligence, whether that be through a police report, witness statements, footage of the crash, or all three. Since New York is a no-fault state, you would be compensated for your damages even if you did cause the accident, but if you know you did not, you should dispute the decision if you are deemed at fault.
If the other driver caused the accident and you suffered serious injuries, you could file a personal injury lawsuit or liability claim against them to cover the costs that a no-fault insurance claim wouldn’t. You don’t want to miss out on the compensation you deserve, so it is crucial that the at-fault party is held responsible for their negligence.
An Insurance Company Will Determine Fault for Your Claim
When you are involved in a car accident, the insurance companies of each driver will investigate the crash to determine how it occurred. This investigation will involve a statement from their insured driver, a review of the police report, and any other information the adjuster obtains. At the end of the investigation, the insurance company will decide who is at fault.
Insurance companies are not infallible, and some do not act in good faith. If a carrier finds that you were at fault when you know you weren’t, a car accident lawyer from our firm could help you dispute liability and pursue a fair resolution to your injury claim.
It is important to keep in mind that what the insurer decides is not a binding decision made in a court of law. Instead, it is an opinion issued by an adjuster for an insurance company. While this decision is not the final word on your injury claim, it will impact your potential financial compensation.
What Happens When the Insurance Company Finds You at Fault?
As mentioned before, New York is a no-fault state, so if the insurance company determines that you are at fault, they will make an offer to resolve your case through a settlement. If you are certain the other driver is at fault and you have serious injuries from the accident, though, you will not be able to sue them for additional compensation you are entitled to.
The decision the insurance company makes is not concrete, so don’t think you are out of luck if it decides you are at fault. You will get compensated regardless of fault, but you shouldn’t accept the blame. In addition, if you have serious injuries, you shouldn’t have to pay your own way for treatment when someone else caused them.
Disputing fault and pursuing a reasonable resolution to your insurance claim is your best option. A lawyer from our firm can handle communications with your insurance carrier and the other party. They can also file a lawsuit on your behalf if necessary. Litigating cases can be costly and time-consuming, so leave that to us. You have already dealt with enough.
Notifying the Carrier of Your Dispute Right Away is Crucial
If you disagree with the decision made by the insurance company in your case, it is important to notify the carrier of your dispute in writing. In some cases, notifying the carrier could push the adjuster to reconsider the decision.
Even if the carrier will not reconsider their decision by registering your objection, it could be possible to change their mind by providing additional evidence that backs up your case for liability. Your lawyer can handle all this for you.
The Outcome of the Police Investigation Could Impact Your Ability to Dispute Fault
The accident report issued by the police officer will play an outsized role in determining if you are found to be at fault or not. The insurance company is especially likely to determine that you were at fault if the police report reflects you caused the accident. This is also the case if you were ticketed for a moving violation at the time of the crash.
A traffic ticket or unfavorable police report could have a harmful impact on your insurance claim, but there are steps you could take to undo that damage. The police have been known to make mistakes, and there are ways to address these mistakes in the official records.
If the police report contains a factual mistake, it could be possible to request the officer to amend the report. If you wrongfully received a ticket for a moving violation related to the accident, fighting that charge could help your case. If you can avoid a conviction on your traffic ticket, you could improve your chances of successfully disputing fault.
Let an Attorney with Our Firm Help You Dispute Fault After a Denied Insurance Claim
One of the many ways we could help you with an injury case is by advising you on how to dispute fault in a car accident. Your attorney could not only dispute fault with the insurance company on your behalf but also file a lawsuit against the other party to obtain the compensation you deserve.
Teaming up with our firm can benefit you when pursuing a claim as insurance companies are known to engage in bad faith practices. We are familiar with the tactics they use and know how to deal with them. The Law Office of Cohen & Jaffe, LLP is prepared to help you achieve the best possible outcome for your case. Call (516) 358-6900 right away for your free consultation.
For a free legal consultation, call 516-358-6900The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. Information on this website may not constitute the most up-to-date legal or other information and may not be applicable in your jurisdiction.