Do You Need A Lawyer To Dispute Fault?
Nobody likes to point fingers, but car accidents are one of many situations where fault can be critical. If you live in a state that assigns responsibility for all accidents, then this determination is essential for all aspects of your claim. Even in no-fault states, determining liability is crucial if the property or personal damage from an accident exceeds the no-fault insurance limits. It can be a crushing blow to receive notification that you are being held responsible for an accident that wasn't your fault, making it all the more important to begin the dispute process as soon as possible.
First Steps
In most accidents, the police department and both involved insurance companies will conduct investigations to determine fault. This process is often simple and typically only involves interviewing the involved parties and consulting the police report. Investigations can become more complicated when one or both parties dispute the sequence of events. In these cases, the insurance company will conduct a more thorough investigation to arrive at a determination of fault.
Once they have completed their investigation, the other party's insurance company may notify you that they believe that you are at fault. If you feel that this determination is in error, then it is essential to provide notification in writing immediately. This notification is known as a demand letter, and it should clearly spell out your dispute and your sequence of events. Along with the letter, provide complete documentation of your medical and property expenses.
What's Next?
Although hiring a lawyer early in the process is always helpful, most people can craft their own demand letter. In some cases, this will be sufficient. If you have adequate evidence that your sequence of events is the correct one, then your demand letter may convince the other party's insurance company to admit fault. As a general rule, you can expect your demand letter to prompt additional scrutiny. The insurance company will likely contact witnesses, interview both you and their insured driver at least one more time, and attempt to determine why the sequence of events is in dispute. Note that most insurance companies will place a large amount of faith in the police report, but this does not mean that it will be treated as an objective description of the accident.
When You Need a Lawyer
If you suffered serious injuries or you expect to be out of work for long, then contacting a lawyer is essential even if the accident's fault is not currently in dispute. For less severe accidents, it is worthwhile to consult with a lawyer once you know that your sequence of events is in dispute. An attorney can help you to conduct your own investigation and provide the evidence necessary to receive an adequate settlement from the other party's insurance company. This process can be deceptively complex, making it vital that you have an expert on your side as early as possible.
Contact a firm like Siben & Siben LLP to learn more.
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