To qualify for car accident compensation, you need to prove that the other driver was to blame for what happened. There may be some cases where liability for the accident is unclear at the outset of the claims process. You may even find yourself blamed for the accident because the insurance company wants to escape any liability that they have to you. In this case, not only do you have to prove that another driver was to blame, but you must also show that you were not at fault. Here is what you must do in this situation.
Hire a Car Accident Lawyer
It is not a stretch to say that things may be hanging in the balance before the insurance companies have determined liability for the car accident. In some instances, it may be very unclear which driver was at fault, or whether both motorists share the blame for the accident to some extent. You need someone who is capable of speaking for you in a compelling manner. You may not be able to effectively tell your own story, especially when there is an insurance company that has its own motivation in the case.
A car accident lawyer gathers evidence and communicates on your behalf during this crucial stage of the case. If there is any talk that you could be to blame for the accident, your lawyer would present evidence that shows otherwise.
What Evidence Can Prove My Side of the Story in a Car Accident Case?
Your word only counts for so much when insurance companies are determining liability for a car accident. In any legal case, it is not what you say happened that controls matters. Instead, it is the evidence that you have that proves what happened. Accordingly, you need something beyond your own individual story to demonstrate your case.
There are numerous forms of evidence that can back up what you are saying, hopefully to the satisfaction of the insurance company. These forms of proof include:
- Eyewitness testimony from people who saw the accident itself or what happened immediately beforehand.
- Pictures from the scene of the accident that show the position of the vehicles and the damage to the cars.
- Video footage of the accident, which is rare to have, but it is extremely helpful when you do possess it.
- The police report from the accident, in which the officer may reach their own conclusion.
- Testimony from an accident reconstruction expert.
You May Not Be Able to Verbally Prove Your Account
You should be extremely careful when talking to any insurance company about the accident. No matter what, you should not speak directly with the other driver’s insurance company, especially without any type of legal help. If you have this conversation, you can really only make mistakes, and you cannot say anything that can help yourself. Therefore, it is better not to speak to the insurance company yourself. Rather, you should hire a car accident lawyer who can have this conversation for you because they know how to deal with insurance companies.
You Should Go to Court if Necessary
There may be times when you simply cannot provide the proof necessary to satisfy the other driver’s insurance company and persuade them to accept liability. They have their own financial interests at play, and sometimes they want to force you to fight. If you have to battle the insurance company, you should consider taking your case to court in a car accident lawsuit. Then, it would be an objective jury that has no financial interest in the situation, which makes the ultimate determination about who was responsible for the car accident.
Contact a Washington County Car Accident Lawyer at Osborne Law Firm to Get the Settlement You Deserve
For help with matters such as proven liability for the crash, and to work to obtain full compensation for your injuries, get legal help from a Washington County car accident lawyer at Osborne Law Firm. We can investigate the car accident to gather the necessary evidence when you are not able to do so yourself. To schedule a free consultation, call today at 479-521-7727 or submit the online form. Located in Fayetteville, Arkansas, we gladly serve clients in the surrounding areas.