When you are in an accident, it’s fair to expect the at-fault driver to take responsibility for their actions. Unfortunately, it isn’t always that simple. The other driver may argue that they did nothing wrong or that you caused the accident. A driver refusing to admit liability can make a case more complex. However, it doesn’t mean you don’t have any options.
Why At-Fault Drivers Deny Fault
Most drivers who won’t admit liability are afraid of the consequences. Causing an accident can lead to a lawsuit, increased insurance fees, and out-of-pocket expenses. In cases involving gross negligence, they may face criminal charges. Even if the evidence is undeniable, many people try to create just enough doubt to avoid liability.
On the other hand, the at-fault driver may not be lying intentionally. There is a possibility of a misunderstanding or lack of awareness. Some drivers may even assume that you are at fault if they don’t understand the law they broke and how that caused the accident. In these situations, evidence and the law will be on your side, despite what the other driver thinks happened.
How Insurance Companies Encourage Liability Disputes
Insurance companies will support their client’s refusal to admit liability because it can save them money. Insurance companies prioritize their profit, and giving you a fair settlement interferes with that. Bad faith practices are prevalent, so it’s vital to be aware that the at-fault driver’s insurer may try to take advantage of you in some way.
Receiving a Call From the At-Fault Driver’s Insurance Company
If the at-fault driver’s insurance provider contacts you, do not assume that it is a simple administrative task. When an adjuster calls you to discuss the accident, they’re hoping that you will make a statement that unintentionally incriminates you or undermines your claim. You may be asked about your recovery, pre-existing conditions, mental health conditions, and what you were doing when the accident happened.
An insurance adjuster may even position themself as a confidant, friend, or unbiased third party. You should not, under any circumstances, discuss anything with the at-fault driver’s insurance without an attorney present. Insurers engage in many bad-faith practices to minimize their payout. You are not required to speak to the defendant’s team at any point, and you have the right to end such a conversation immediately.
What You Should Do if the At-Fault Driver Refuses to Admit Liability
When you file a claim against the driver you know is responsible for the accident and they deny liability, it can feel like a defeat. Fortunately, you have the option of continuing. If the at-fault driver refuses to acknowledge their role in the accident or their insurance denies any wrongdoing, you must do the following:
Request Their Evidence
When the other party denies their part in the accident, they must provide evidence that you are the one responsible. You should request their evidence, including photos, videos, witness statements, and the police report with explanations of how each piece incriminates you. Often, they will not be able to provide any solid proof that demonstrates your guilt.
Talk to Your Insurer
If the other driver continues to deny liability, your insurance company may be able to offer support. Depending on your policy, your provider may pay for your damages and then pursue reimbursement with the other driver’s insurance directly. Handling your accident case in this way makes it easier for you to move forward. Still, it’s also possible that you won’t receive compensation for non-economic damages like pain and suffering.
Hire an Attorney
If you have sustained significant damages and the responsible party refuses to accept liability, it can cause profound mental distress and financial hardship. You may decide to take your claim to court so you can force the at-fault party to pay your damages. Yet, going to court may not even be necessary with an expert legal professional on your team.
Experienced attorneys are highly skilled negotiators who will use their extensive knowledge of the law to fight for you. Your lawyer may have the experience to convince the other party to offer a settlement to avoid court and minimize potential expenses. Going to court can be very expensive for the at-fault party, so offering a fair settlement can prevent an extended legal battle.
The Role of Evidence in Liability Denials
Evidence is key in all cases. However, where liability is disputed, solid evidence will protect you. The other driver cannot continue denying their responsibility if your evidence clearly demonstrates how their actions caused the accident. It is vital to work with your attorney to collect as much evidence as possible to build an irrefutable claim. Evidence can include the following:
- Police accident reports
- Cell phone records
- Vehicle damage patterns
- Credible witness statements
- Camera footage
- Expert testimony
- Accident recreations
Overcome Liability Denials
When the at-fault driver in your accident won’t admit liability, it can be frustrating, but it doesn’t have to be the end. Seeking compensation for your damages is vital, particularly if you have suffered severe injuries or significant property damage. Contact HHJ Trial Attorneys to meet with a car accident case expert who will guide you and represent you until you receive the compensation you deserve.
