We often rely on insurance after accidents to help us recover financially. Medical bills and property damage can be expensive, and insurance may be the only lifeline for some. If the insurance company blames you for the accident, your claim may be in jeopardy, and you should get help from a lawyer.
To convince the insurance company that you are not responsible for an accident requires a lot of evidence. Witnesses, security camera footage from the accident, and even police reports can help us prove that you are not to blame. Your insurance claim should stick to the facts, and we should provide as much evidence as possible. Even if you are partially at fault, you may still recover compensation, depending on your state’s laws.
Call The Queenan Law Firm at (817) 476-1797 and ask our Dallas, TX personal injury attorneys for a free, private legal review of your claims.
Gathering Evidence About the Accident
If the insurance company blames you for an accident, we must have as much evidence as possible to prove otherwise.
Witnesses
Witness testimony and sworn statements can be powerful evidence in an accident case. If others present when the accident occurred can back up your version of events, our personal injury attorneys may be able to convince the insurance company that you are not responsible. Remember, the more witnesses we have, the better.
Security Cameras
Cameras are everywhere today, and they may record almost anything, even when we least expect it. When the accident occurred, were there cameras in the area? Maybe there was a private security camera nearby, or someone recorded the accident with their cell phone.
In car accident cases, you or another driver may have had a dashcam that recorded everything on video.
Police Reports
If the police investigated the accident, we may use a copy of their report as evidence. While police reports are generally inadmissible in court because they are based on hearsay, they may be used as part of an insurance claim. In fact, if a police report exists, the insurance company will very likely ask to see it.
If the police report clearly shows that someone else is responsible for the accident, it may be an extremely important piece of evidence.
How to Handle Your Insurance Claim if the Insurance Company Blames You for an Accident?
When dealing with an insurance company that does not believe your version of events and blames you for an accident, you and your lawyer must approach your claim with caution. We must make sure the claim is as strong as possible, and there are no flaws or gaps in information that could be used against you.
Stick to the Facts
It is important that we stick to the facts. Everything we present to the insurance should be based on hard facts and evidence. This will leave very little room for doubt, especially if our evidence is strong and difficult to dispute, like video footage of someone else clearly causing the accident.
Protect All Your Communications
Be sure to save any communications you have with the insurance company. This includes letters in the mail, emails, and phone calls. Document everything and save anything that is sent to you. If the insurance company refuses to cover your claim or denies your claim, those communications may be important when we file a lawsuit.
Provide Ample Evidence
We must provide as much evidence as possible. If the insurance company is already trying to blame you, we must include all our evidence in your claim to convince them otherwise. We may need to search for additional evidence if what we currently have is not enough.
What if the Insurance Company Denies Your Accident Claim?
If the insurance company ultimately denies your claim, we can take the matter to court.
Review the Denial Letter
We must determine exactly why the insurance company blames you for the accident and why they denied your claim. This information should be in the denial letter the insurance company is required to send after denying a claim.
If the denial letter does not explain why your claim was denied, or the insurance company never sent a denial letter, we can challenge the denial.
File a Lawsuit
Our lawsuit should address any and all issues the insurance company included in the denial letter. If they found certain evidence to be too weak to believe, we should be prepared to explain why the evidence is accurate or provide additional evidence to bolster your claims.
Can You File an Insurance Claim if You Are Partially Responsible for an Accident?
Many insurance companies cover customers in all 50 states. As such, they must apply the law of the state in which the claimant lives. If you are determined to be partially responsible, the insurance company must follow the laws of comparative or contributory negligence in your state.
Many states follow a modified comparative negligence rule that reduces the claimant’s compensation in proportion to their share of blame. If they are more than 50% responsible, they may recover nothing. If you live in such a state, the insurance company must follow this law.
Other states may have different laws. Some states bar recovery at 1% or do not bar it at all, while overs bar recovery at 50% instead of at more than 50%.
Why Would an Insurance Company Blame Someone for an Accident?
Insurance companies may blame claimants for accidents if the evidence does not add up. Any gaps in the evidence or aspects of the case that your claim does not adequately address may be used by the insurance company to deny your claim.
What Kind of Proof Should You Have to Prove Your Claims to an Insurance Company?
The proof we need varies based on the nature of the accident. Great evidence to consider includes video footage, photos of the accident scene, police reports, and witness statements.
What Should You Do if an Insurance Company Blames You for an Accident?
If an insurance company blames you for an accident, get a lawyer right away if you do not already have one. Determine exactly why the insurance company blames you and find evidence that contradicts those beliefs. There should be no gaps in your story or flaws in your evidence that can be twisted and used against you.
Get Legal Support from Our Personal Injury Attorneys
Call The Queenan Law Firm at (817) 476-1797 and ask our Mansfield, TX personal injury attorneys for a free, private legal review of your claims.