“The Insurance Company Said It Was My Fault, but It Wasn’t!”

ELI5: Negligence

” The Insurance Company Said It Was My Fault, but It Wasn’t! ” What should you do now? Keep reading!

Who Determines Fault in an Accident? 

The insurance companies generally determine who’s at-fault in an accident. Normally, the insurance companies representing each client work together to determine who’s at fault for the accident. Insurance companies may use video footage of the actual incident, pictures and video footage of the accident scene, medical records, police reports, eye-witness accounts, traffic control data, and more to determine fault. The police do not always determine who’s at-fault for the accident, however, anything they put in their police report could be used to determine who is at fault for the accident. This means that if you tell the responding officer that the accident was your fault, they could put that in their report, and the insurance companies may use it as evidence that you were at fault—regardless of whether or not you actually were at-fault for the accident. 

Do You Have a Claim if You’re At-Fault? 

You cannot file a personal injury claim if your negligence was the sole cause of the accident. However, just because the insurance company says that you caused the accident, doesn’t mean you actually did.  It’s very common for personal injury attorneys to dispute with the insurance company’s findings when it comes to fault. So, you should still attend a free consultation with a personal injury attorney, even if your insurance company is claiming that you were at fault for part of the accident. Insurance adjusters might know a few things about the law, they’re definitely not experts in the law in your state, and they weren’t there at the time of your accident. Their determination of fault likely came from the evidence they reviewed amongst other things. Personal injury attorneys, on the other hand, studied the law and understand the nuances of it. Furthermore, experienced personal injury attorneys have argued many cases in court and negotiated a lot of settlements with insurance companies. In short, personal injury attorneys are much better equipped to tell you whether or not you have a personal injury claim than the insurance adjuster. 

How Do You Know If You’re Really At-Fault? 

Personal injury attorneys generally offer potential clients a free consultation to help them determine whether or not filing a claim would be in their best interests. Since the consultation is free, it’s a great  idea to attend one, especially if you’re being accused of causing a crash that was really the other driver’s fault. Though it should be noted that sometimes insurance companies do get it right when it comes to determining who the at-fault party is. Not all personal injury attorneys will agree on whether or not a person is the at-fault party in any given scenario.  However, if you cannot find a personal injury attorney who will take your case because they feel that you have either too much fault, or were completely at fault for the accident, that may be a sign that you were really at-fault. 

What If the Jury Doesn’t Agree? 

A lot of people wonder what happens if they hire an attorney and go all the way to court only for the judge or jury to rule in favor of the other party. When it comes to personal injury claims, most attorneys work on contingency. This means that you don’t pay anything out of pocket when you hire a personal injury attorney. When a personal injury attorney takes your case, you don’t pay anything upfront; instead, a pre-negotiated portion of your settlement covers your legal fees. People sometimes say that it’s better to handle the claim yourself because then you’ll keep the whole settlement. However, while you may get to keep your whole settlement, most people get much higher settlements when they work with an attorney—even after all the legal fees are subtracted. There’s not a lot of risk in hiring a personal injury attorney—especially when you’re hiring an attorney who’s got a lot of experience helping clients who have been in your situation. 

Why Free Consultations Are Important 

Free consultations are important to help injured parties understand their rights and what benefits they may be entitled to. Insurance companies benefit the most when they can deny claims or get you to settle for less than you deserve. Remember, if insurance companies were fair, personal injury attorneys wouldn’t exist. If you’ve been injured in an accident, contacting a personal injury attorney can help you determine what your next best step is. At Moxie Law Group, we give our potential clients free consultations to help them determine whether or not it’d be in their best interests to file a claim. Contact us today to schedule your free consultation. 

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