When you’re involved in a car accident, determining who’s at fault is one of the most critical and stressful parts of the process. It affects everything from who pays for the damage, who covers medical bills, and whether your insurance premiums rise. Besides, what if an insurance company or another driver blames you? In any such scenario, you need to know how disputing fault after a car accident works so you may protect your rights.
Understanding Fault in New York Car Accidents
New York follows a no-fault insurance system, which means your own insurance company pays for your medical bills and lost wages, irrespective of who caused the accident. However, no-fault doesn’t mean fault never matters. Establishing fault becomes important if you wish to file a property damage claim, a claim for serious injuries that exceed your no-fault coverage, or a personal injury lawsuit. In these cases, establishing who caused the accident helps determine financial liability.
Who Determines Fault After a Car Accident?
Different parties may investigate the same car accident to determine which driver was the most negligent or reckless, and if any other driver also had a role to play in causing the accident. They include:
- Insurance adjusters. All involved insurance companies investigate the accident and assign fault based on their findings.
- Police officers. The officer who responds to the scene writes an accident report, which can influence an insurance company’s decision.
- Courts. If a case goes to trial, a judge or jury decides fault based on evidence and testimony.
Know that insurance companies and police reports can make mistakes, which is why you have the right to dispute fault if you believe the initial findings are wrong.
Common Reasons for Car Accident Fault Disputes in New York
It’s not unusual for drivers, insurance companies, and opposing counsel to disagree about what happened. A car accident fault dispute typically arises when:
- Police reports contain errors or incomplete information.
- Insurance adjusters rely on incorrect assumptions.
- There are no witnesses, or they provide conflicting statements.
- Both drivers share partial responsibility under comparative negligence
- An insurance company did not review evidence such as dashcam footage or photos properly.
How to Appeal a Car Accident Fault Decision?
The steps to take if you’re wrongly blamed for a car accident in New York require careful consideration, and it might be worth your while to partner with a personal injury lawyer. This way, you can be in a better position to challenge the fault determination and strengthen your case.
Review the Police Report Carefully
Get a copy of the motor vehicle collision report from the New York Police Department (NYPD) or local precinct. Read it in its entirety and look for:
- Incorrect statements about speed, direction, or traffic signals.
- Missing details about road conditions, weather, or visibility.
- Errors in the diagram showing vehicle positions.
If you find any mistakes or inconsistencies, you should contact the police department immediately and ask about filing an amendment or adding a supplemental statement.
Gather Supporting Evidence
When it comes to disputing fault after a car accident, evidence is your best ally. After all, strong evidence can help counter inaccurate claims or assumptions. Evidence to dispute car accident fault can come in the form of:
- Photos and videos from the scene (vehicle damage, skid marks, road signs, and lighting).
- Witness statements or contact information.
- Dashcam or surveillance footage from nearby businesses.
- Traffic camera footage, if available.
- Medical records showing your injuries and timing.
- Repair estimates and accident reconstruction reports, if available.
Notify Your Insurance Company
If you find yourself in a car accident fault dispute with your insurance company, you must contact it immediately, and ideally in writing. What you say can be as simple as, “I disagree with the determination of fault in my accident and would like you to review the claim.” At this stage, the insurer may reopen the investigation, provided it finds new evidence or inconsistencies in the original report.
Send a Dispute Letter to the Other Driver’s Insurer
If an at-fault driver’s insurance company pins the blame for the accident on you, you should send a dispute letter directly to the company in question. It should include the claim number, the date of the accident, and a concise explanation of why you believe its decision is wrong. You should also send copies of supporting documents, such as photos and witness testimonies.
How a Car Accident Lawyer Can Help Dispute Fault
Insurance companies tend to have their own best interests at heart, not yours. With a car accident lawyer by your side, you stand to benefit from sound legal guidance throughout the process. Besides, you may also count on your lawyer to:
- Review and investigate the accident independently.
- Collect and preserve all evidence.
- Negotiate with insurers who are downplaying your claim.
- Collaborate with medical, accident reconstruction, and financial experts.
- Represent you in court, if the need arises.
If you meet the serious injury threshold, your lawyer can also help you seek compensation beyond your no-fault benefits.
Conclusion
The answer to “Can you challenge an insurance company’s fault decision?” is a simple yes. Whether a police report got it wrong or an insurance adjuster made a hasty decision, you have the right to challenge the outcome and present your side of the story. Remember that the key to disputing fault after a car accident is to act quickly, gather solid evidence, and get legal advice from a personal injury lawyer who specializes in this realm.