How to Dispute Car Accident Fault

To dispute car accident fault, you should gather evidence such as photographs, witness statements, and traffic camera footage. Next, file the dispute with your insurance company. If you have difficulty, it may be best to seek legal advice. 

Proving who is at fault in an accident can be difficult. Complex circumstances can also mean that fault may be split between multiple parties. Seeking the help of a reputable Phoenix car accident attorney can be crucial to your case. 

Who Decides Fault?

Many people falsely believe the police determine fault in a car accident. In reality, a police report is influential, but it is not the final word. The police simply take witness statements and issue traffic tickets if any laws are broken. However, just because a law was broken does not mean a person is automatically at fault. 

Ultimately, insurance companies decide who is at fault after examining the police report, photos, witness statements, and camera footage. In cases where large amounts of money are on the line, insurance companies may hire accident reconstruction experts. 

Aspects like tire skid marks, damage to barriers, car make and model, and other factors can be used to figure out exactly what happened. After the insurance company’s investigation is complete, fault will be assigned. 

It Wasn’t My Fault–What Can I Do?

Some cases are too important to handle on your own. It is important to understand when to get an attorney for a car accident. When tens or hundreds of thousands of dollars are on the line, a reputable attorney should be contacted before attempting to dispute fault. 

In smaller cases, start by contacting the insurance company. Speak with the insurance adjuster assigned to your case and explain your side of the story, then provide any evidence you have to back up your claims. The adjuster will consider your statements and evidence alongside existing evidence. In some cases, the adjuster may agree with you and assign fault to the other driver. 

Of course, it’s important to stay calm. If you hit a dead end with the adjuster, it may be time to seek legal help. 

How Can an Attorney Help?

Car accident attorneys understand how insurance companies work and the guidelines they follow. A lawyer can assist in speaking with them and explaining your side of the story. Car accident lawyers understand when an offer is too low and can negotiate better settlements. 

When disputing fault, attorneys can help gather additional evidence outside of the police report and initial findings. If the insurance company still disagrees, the case can go to court. 

You might wonder how long a car accident trial lasts. Many can take months, but keep in mind that car accident lawyers are experts at arguing these cases. By using evidence and expert testimonies, they can overturn fault determinations. This can lead to large payouts for victims that were initially blamed for causing the crash. 

Why Choose Gage Mathers?

Gage Mathers has been offering personalized legal assistance in Arizona for more than fifty years, and our founding partner even helped to write Arizona state laws regarding uninsured motorists! We’ll work tirelessly to gather all the evidence necessary and stand with you if your case goes to trial. Let us handle your case and help you get the compensation you deserve!

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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