After filing an insurance claim, the insurance adjusters will work to determine who was at fault for the accident. In some cases, they may try to shift the blame on you. What can you do in this situation?
In most cases, the next step should be to consult with an attorney. Insurance companies are known for their ruthless negotiation tactics, and they may blame you for the incident, even if it is not your fault.
If the insurance company is faulting you and you’re wondering what you need to do, don’t worry. In this blog, we’ll walk you through the steps to help you through this process.
Reach Out to the Adjuster
After filing a claim, the insurance claim will launch its own investigation into the incident. If they are trying to assign blame for the accident, you should know why. In many cases, you can contact the insurance company via phone or written communication. While you may be angry at the situation, it is always best to remain calm, polite, and concise.
Whether in a letter or over the phone, you can ask to clarify the reasons for finding fault. Depending on the company’s policy, you can also request a formal review of their decision. Make sure to always keep records of all communication for your records, you may need them for a later date.
Once you have the reasons for why the adjuster has reached a conclusion that you are at fault, you can start gathering evidence to refute their claims. Photographs, police reports, and eyewitness statements can all help your case.
Disputing the Police Reports and Tickets
Generally, after an accident, law enforcement will investigate the scene. If the insurance company is basing its decision on the police report, you may want to reach out to the investigating officer. While this may not work in all situations, you might be able to present your side of the incident. Sometimes, a meeting with the officer can help clarify the report, and you can get an addendum to the report. But that only occurs in very few situations. Often, once the report is written, it can be hard to change that information.
After the investigation, the responding officer may issue a ticket. Sometimes, getting a ticket can also be the reason the insurance company assigns fault to you. If this happens to you, make sure to fight the ticket in court. That way, the insurance company can see that you’re serious about defining your side of the case. Even if you cannot get the ticket dismissed, it can help you in your case.
Collect and Gather Evidence
Hopefully, when you are at the scene of an accident, you have gathered a few pieces of evidence. Any photographs related to the accident, like the road conditions, vehicle positions, and signage, can help your case. You also want to snap a few photos of any damages and injuries resulting from the incident.
Witness statements are also key to refuting the insurance company’s claim. During the investigation, maybe the insurance adjuster didn’t contact any individuals who witnessed the accident. If you have their name and contact information, you can share that with the insurance company so they can get an unbiased account of the incident.
Consult With a Car Accident Lawyer
If you’ve been involved in a car accident and are now being deemed at fault, seek professional legal advice.
When you hire a lawyer, they become your legal advocate. They’ll represent your interests and make sure you’re treated fairly throughout the process. This includes handling all communication with the insurance company, other parties, and legal authorities.
A lawyer will conduct a detailed investigation into the accident to collect evidence challenging the fault determination. They’ll ensure vital evidence, such as photos, witness statements, and police reports, is properly preserved and documented. By doing so, they can present your side of the story and emphasize the evidence that supports your innocence.
Additionally, these professionals understand insurance policies, coverage limits, and liability. A Baton Rouge car accident lawyer can assess whether the insurance company’s decision aligns with legal standards or is biased.
One of the most important things a lawyer can do for you is to negotiate with insurance adjusters. With that, you can have your case presented in the best possible light.
There is good news though. Louisiana is a comparative fault state. So, if you are still assigned fault, you can collect damages. However, those awards will be reduced depending on your share of fault. For example, if you’re 60% at fault, then the award is reduced by that amount.
Get the Help You Need to Fight the Insurance Companies
Remember, being assigned fault doesn’t automatically make you liable. You have the right to request a review of the insurance company’s investigation and dispute all perceived blame against you. At Bianca | Matkins, we can assess your case with a free consultation. Our attorney will review the details of the claim so you can protect yourself throughout this process.
