Each day, there are millions of accidents in the US. In fact, according to the Centers for Disease Control and Prevention, Finding a fault is usually difficult. So, if you want to argue with your insurance company about who was at fault in a car accident, be prepared.
When the insurance company claims that the accident was your fault and you disagree, you can dispute the claim. Not every state is fault-based. Florida, Hawaii, Pennsylvania, and many others are among them. If you are involved in a car accident in one of these states, your insurance company will still compensate you.
If you are certain that you were the cause of the car accident and the other party has suffered severe damage and injuries, notify your insurance company immediately. This is due to the increased likelihood of the other party filing a personal injury claim against you in a court of law.
It is critical to notify your insurance company immediately following a car collision or accident. However, disputing fault and the claim process can be difficult, especially when serious damage and injuries are involved. As a result, you require the assistance of a professional attorney who is familiar with the procedures involved in disputing a fault. Furthermore, the attorney should have good communication skills because they will be dealing with many people during your case.
When you hire a professional lawyer, you have a better chance of winning the case. The importance of hiring a personal injury lawyer in these cases is that they are professional and have the necessary experience dealing with insurers. The following are various methods for disputing fault in a car accident.
File a Personal Injury Claim
A personal injury claim is a legal document used by the injured party to seek compensation from the party who caused the accident. Consider hiring a personal injury attorney to ensure that your personal injury claim is correct. These are the procedures to be followed when creating a legal document.
Hire A Personal Injury Lawyer
When looking for a personal injury lawyer, consider factors such as insured law firms, license, and experience. They are required to ensure that your professional work and experience are incorporated into your dispute. Furthermore, if an attorney has the skills and knowledge of the procedures required to file the claim, you have a good chance of being compensated if you use their services.
Do Some Medical Examination
You should seek medical attention to determine whether your injuries are minor or severe. You should also notify your insurance company. A medical examination will assist you in determining the extent of the damage and the appropriate amount of compensation. You won’t get the money you need if you don’t get a medical exam, and the other person’s insurance company will refuse to pay you because you don’t have important proof of the injuries you sustained in the accident.
Compose A Personal Injury Claim
Before filing a claim, make sure you notify the other party of your intentions. Also, consult with an attorney to ensure that you are following the proper procedure.
Medical Treatment
Make sure you have all of the hospital records, medical bills, and other evidence from the accident.
Negotiate
This is the final step, in which you and your attorney should begin negotiating with the other party. You already know how much compensation you require at this point.
The insurance companies of the other drivers may deny claims that they caused the accident, in which case your attorney should file a lawsuit. Make certain that you file your personal injury claim on time.
Dispute The Findings Of The Insurance Companies
This is required if an insurance company incorrectly claims that you caused the accident. To ensure that they conduct further investigation, you should write a letter indicating your disagreement with the claims. It is not necessary for you to contest the findings if you have car insurance coverage that will cover all of the damages.
Gather Evidence For The Case
When disputing the fault of a car accident, you must have some evidence to help convince the insurance adjuster that you were not at fault. You can include the following information in your accident report:
Take photos of the accident’s location.
You should take photographs of the accident scene. Take as many as you can. They should demonstrate the extent of the car damage as well as any other injuries. They will also assist you in identifying the driver who caused the accident.
Request a video from the traffic cameras
You have the option of requesting the surveillance video. A video is required to support your report, and it is current. Through the video, the insurance adjuster and your attorney can determine who is to blame for the accident.
Take statements from the eyewitnesses.
If there were a few witnesses to the accident, remember to get their phone numbers and other pertinent information. Request that they make a statement regarding your accident. Your insurance adjuster and the attorney may want to speak with eyewitnesses to ensure you’re telling the truth.
Skid marks on the road, the make and model of the cars involved in the accident, and your account of the accident are all examples of evidence.
Do Some Research On The Traffic Law
You should be familiar with your state’s traffic laws. You can conduct research either online or in public libraries. Make an effort to learn more about the laws that apply to your accident. You should then examine the rules to determine whether you should contest the fault of the car accident.
Contract Your Attorney
If you disagree with the findings, you will need the assistance of an attorney in court. You must write a statement containing your story, which may be reviewed by the insurance adjuster. Hire an attorney to increase your chances of receiving compensation. This is because they will assist you in correctly writing the statement. They will also assist you in understanding your legal rights.
Collect The Other Driver’s Information At The Scene Of The Accident
If you are involved in a car crash, it is wise to collect the other driver’s information like the address, license number, phone number, and insurance company’s number. This information will be critical when determining who was at fault in a car accident.
Write To The Insurance Regulatory Body
If your insurer fails to review your car accident case, you can write to the relevant insurance regulator. The insurance regulatory body abides by the federal laws that govern the resolution of unfair liability claims. When they receive the letter, they will dispatch an investigator to further investigate the case.
Inform the Insurance Company That You Disagree with Their Fault Decision
If you disagree, make sure to notify the insurance company. You should also inform them that you have evidence if any. It is critical to express your disagreement because the insurer may conduct additional investigations.
Use The Insurance Company’s Fault Process
Make sure you understand your rights before making your statement. In this case, you will need the assistance of an attorney to help you win.
Ask The Police To Report Be Amended
When you disagree with the police reports, this happens. It is prudent to first request the police report to determine what they have stated. The police may be incorrect about the location of the accident, the model of the car, and any other important information.
You should ask the investigator to include your perspective in the report. Along with your story, you should have some evidence to back up your claims. When there is disagreement about who is to blame for the accident, it may be difficult to request changes. You must write your report in this case.
Fight A Ticket In Court
You have the option of contesting the ticket in court. This will prevent it from being recorded in your driving records. In some cases, the officer who issued the ticket does not appear in court, and your ticket may be dismissed by the judge. When it comes time to present your car accident case, you should be ready for the following:
- To provide your evidence against the police report.
- Dispute the police report’s account of the accident.
- Defend yourself by telling them that your driving was essential to avoid injuries to other people, and explain that yours was a no-fault car accident.
Hiring a professional lawyer can make the process go more smoothly, especially if you need legal representation in court. The lawyer has enough experience and knowledge to know when and how to dispute flaws.
Why Choose Our Car Accident Lawyer In Queens, NY?
Gregory Spektor & Associates is the most effective law firm in Queens, New York. To advocate for clients in a variety of matters, our attorneys are highly experienced and have extensive knowledge of the local legal community. Our clients receive high-quality legal representation from us. Construction accident lawsuits, slip and fall cases, medical malpractice, personal injury cases, premise liability claims, wrongful death, and automobile accident litigation are all areas of expertise for us.
We have a knowledgeable, friendly, and supportive staff. Our car accident lawyers have the skills, dedication, and resources to help our customers with their personal injury cases. We are familiar with the procedures for disputing fault in a car accident. In Queens, New York, and the surrounding areas, we have an excellent reputation. We are also licensed and insured, so working with our legal team is risk-free.
To maintain a respectful attorney-client relationship, we also ensure total customer satisfaction for our customers. Contact us today for quality legal services on your car accident injury claim.
