Denying Liability in a Car Accident

Getting into a car accident can be stressful enough, but when the other driver involved denies responsibility, that’s a whole other level of stress. A denial of liability occurs when other drivers involved are refusing to accept fault for the crash, and this can make your claims process all the more difficult.

If a driver isn’t taking the blame, most of the time, it’s because they’re hoping to avoid having to pay for any of your possible damages or injuries. But just because the other party isn’t claiming fault doesn’t mean the fault is yours. So, what do you do if this happens to you? 

If you’re dealing with a denied liability claim after a crash, chatting with a reliable Phoenix car accident attorney like Gage Mathers can help you navigate the complicated legal process and make sure you’re well protected.

The Next Steps

If you’ve been in an accident and the other driver says they aren’t at fault, it’s important to act fast. Following each of these steps will help you determine who’s at fault for the crash:

• Gather any evidence you can, including photos of the scene, any vehicle damage, and proof of any injuries. 
• Get a copy of the police report. This will provide an unbiased account of the accident. 
• Did anyone witness your accident? If so, try to get their statements.
• When you’re ready, reach out to a personal injury attorney who can help you investigate more, build a strong case, and advocate on your behalf. They’ll also help you make sure you adhere to any car accident claim time limits, which can vary by state.

The sooner you can reach out to an attorney, the better! With a strong case, you could face a possible settlement or even a legal trial, so having legal support early on in the process can better your chances of getting the justice you deserve–even if the other driver denies liability. The settlement negotiation process with a lawyer can help you get proper compensation for any injuries or damages sustained.

Proving Negligence, Getting Damages

Chances are that if a driver denies liability once, they’ll do it again. It’s important to note that even if a driver (or their insurance company) denies liability, they can still be found at fault for the accident and held responsible. To do this, your lawyer will need to take all the steps necessary to prove their negligence, like:

• Demonstrating the other driver owed you a duty of care, which means they were expected to drive responsibly and follow the rules of the road
• Showing that they failed to meet that duty
• Proving the other driver is to blame for any injuries or damages 

If your lawyer is successful in each of these steps, there’s a chance you can receive damages which can help pay for any medical expenses, your pain and suffering, damage to your vehicle, and money you missed out on if you couldn’t work due to the accident. 

Can Both Drivers Be Found at Fault?

In some cases, both drivers involved could have been reckless or negligent when behind the wheel. For example, both drivers could have been speeding when they collided. 

What happens if both drivers are to blame? Depending on the state you’re in, this is where comparative negligence comes in, which means that the amount of compensation you can get could be reduced by the amount of blame you share. 

Think of it like this: if it’s determined that you were 20% at fault for the accident, you could still recover 80% of the total damages. To put it simply, your claim is probably still worth chasing.

Choosing the Right Attorney 

Picking the right legal representation for you matters if you want to win. A good lawyer will be able to tell right away, based on the evidence and proof you have, whether you have a strong case.

At Gage Mathers Law Group, we have a team of talented professionals with a proven track record of successfully taking on complex car accident cases. We’ll work closely with you to gather the necessary evidence, navigate the claims process, and fight for the justice you deserve. 

Our team knows how to handle insurance companies and isn’t afraid to take your case to court if needed. With Gage Mathers Law Group on your side, you can feel confident that you’re getting the best support to help you win your case!

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
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