Winning Your Disputed Liability Car Accident Case
Not every car accident is a clear liability rear-end collision, where it is clear from the start who is at fault. In many cases, cars collide in a way that is not immediately apparent who caused the accident. For example, Susan was T-boned at an intersection.
She claims that the other driver ran the red light. The man who hit Susan is adamant that he was the one with the right of way. By the time the police got there, they had two completely conflicting stories, and the officers had no way of deciding who was at fault. As a result of the accident,
Susan suffered two broken bones and a concussion, whereas the other driver walked away with barely a scratch. With an inconclusive police report, is there anything Susan can do to make sure she is properly compensated for her injuries?
Statements at the Accident Scene
Oftentimes, even if there was no police report and no witnesses, insurance carriers will give weight and consideration to the statements made at the scene. Be careful, however, since sometimes, your statements made in a state of stress and anxiety in the immediate aftermath of the accident can be used against you.
Witnesses Present at the Time of the Accident
Even after the party at fault admits that they caused the accident, they may later retract their statements and claim the fault was yours.
Given this possibility, you must gather the names and contact information of all witnesses present at the time of the accident. Their testimony can either confirm or disprove the parties' statements later on, giving you a significant advantage in your case. This proactive step can empower you in your fight for justice.
This is probably the single most important thing that you, as a victim, can do to ensure the successful outcome of your case. If you fail to secure the names and contact information of your witnesses, the road to victory will be a lot more difficult.
Obtain 911 Records
Depending on the city, you may sometimes be able to obtain 911 call logs and information taken down by the emergency personnel about your accident. For example, the Beverly Hills Police Department produces very thorough 911 records, including recordings of the call itself, in response to a properly submitted request. This process usually involves submitting a formal request to the relevant authority and may require some waiting time.
These documents frequently contain statements and information that may help determine who was at fault for the accident. Even if they contain no names or contact information, the photographs from the scene may later assist your accident reconstruction expert in determining what exactly happened.
Hiring a Private Investigator
In serious injury cases, it may be worthwhile to hire a private investigator. They can interview business owners in the area where the accident occurred to determine if they have seen or heard anything that could help establish fault for the accident. This can be particularly useful if there are no other witnesses or if the other party is disputing their initial statement.
Sometimes, businesses immediately adjacent to the scene of the accident will have security cameras that may have preserved footage of the accident. But time is of the essence! Many businesses keep such footage for only a short period, so you need to act fast to make sure the tapes are not lost, destroyed, or written over.
Utilizing an Accident Reconstruction Expert
When liability is disputed, and there is no other evidence of fault, such as witnesses, camera footage, or a police report, an accident reconstruction expert can be your key to winning a seemingly losing battle. Their expertise can provide concrete measurements and evidence to support your case, giving you a strong position in the dispute. This expert can be your reassurance in the face of uncertainty.
Based on the photos of the damage and their inspection of the vehicles involved and the scene of the accident, the reconstruction expert can opine which car entered the intersection first and even potentially estimate the vehicles' respective speeds and break time.
In other words, if the other driver was speeding and did not see the injured party, the accident reconstruction expert can help establish that through concrete measurements.
Liability Determination/Contributory Negligence
If it has been determined that both parties have contributed to the occurrence of the accident, that does not mean that you will not be able to recover at all.
In California, liability may be apportioned to each party based on the percentage of fault. If you, the victim, were less than 50% at fault, you may be able to recover some portion of your damages from the party at fault.
Sometimes, however, the insurance company, at the very incipient stages of the claim, will make a liability determination that you may strongly disagree with. Unless there is additional evidence to be supplied to the adjuster, the only way to change that determination more in your favor potentially would be to file a lawsuit.
Evaluating the Extent of Injuries
It's crucial to evaluate the extent of your injuries carefully. While disputed liability cases are a tough fight, understanding the full scope of your injuries and the potential costs involved can help you make an informed decision about pursuing your case. This responsible approach can be your first step toward a successful resolution.
As you can see from everything above, disputed liability cases are a tough fight. While you may feel aggrieved and hurt that you were involved in an accident, it may simply not be worth the fight, given the damages and injuries involved.
Successfully resolving a disputed liability case can be a significant undertaking, both in terms of time and expense. It's important to carefully evaluate whether the extent of your injuries justifies the additional costs of hiring a private investigator and accident reconstruction expert. This evaluation can help you make an informed decision about pursuing your case.
If, however, you are certain that you were less than 50% at fault for the accident, think you have the facts to prove it. Your injuries are severe enough, a claim properly researched and presented by an attorney, or, failing that, a lawsuit may help you obtain recovery where you would otherwise be left with nothing.
Litigation of Your Car Accident Case
Self-represented litigants frequently run into insurance stonewalling tactics in trying to settle their cases on their own.
Consider the relative positions of the parties involved: this accident may be your first and hopefully last brush with the insurance industry, whereas your adjuster has seen hundreds, if not thousands, of claims similar to yours and has probably resolved most of them for pennies on the dollar.
People are eager to achieve closure – that's human nature. This is why it pays to put an experienced representative between yourself and the insurance adjuster. Our Los Angeles personal injury lawyers at Injury Justice Law Firm are skilled at handling all types of auto claims, be it a rear-end collision, a T-bone accident, or a disputed liability case.
We will help you build your case, present it to the insurance company as effectively and efficiently as possible, and, if the proposed resolution is unsatisfactory, fight your case in court.
Call Our Personal Injury Law Firm – Free Consultation
We do not charge our clients for the work we do until we win their case. When you bring us your case, you can be certain that we will do everything possible to achieve the most successful outcome.
If you've been involved in a serious car accident in Los Angeles or San Fernando Valley, call us immediately to see how we can help. We are available on 27/7 at 310-734-7974 for a free consultation. Do not face this battle alone.
Related Content: