What Should I Do if the Other Driver Denies Fault After a Car Accident?
Most people are naturally inclined to defend themselves after a car crash. Some people do it out of shock, but most deny fault out of ignorance or fear. This is normal behavior following a motor vehicle accident in Buffalo. If the other driver refuses to admit fault, blames you for the accident, or even lies to law enforcement and insurance adjusters, immediately contact an experienced car accident attorney in Buffalo, NY, to discuss your rights.
Understanding New York State Liability Laws
Although New York is a no-fault state, you may still recover damages – including medical expenses and lost wages – from a liable insurer if you suffered a serious injury or financial loss. However, insurance adjusters from each party’s insurance company must first investigate the accident and determine the initial liability. This generally means reviewing the police report and accident photos and obtaining sworn statements from drivers and witnesses.
Even if the other driver denies wrongdoing, adjusters are required to apply New York liability laws. This means the liable company must accept fault if the evidence clearly shows that the other driver violated state or local traffic laws or acted negligently. Examples of common legal violations resulting in fault determinations include the following:
- Running red lights
- Speeding
- Reckless driving
- Drunk driving
- Unsafe lane changes
- Failure to yield
- Not keeping a safe distance
- Texting
Even if a driver does not believe he was at fault, the evidence might indicate that he violated a traffic law and that violation caused the crash. Retaining a car accident lawyer early in the claims process can ensure adjusters receive the correct evidence of liability.
Options for Proving Fault after a Buffalo Car Accident
If there is no clear evidence of fault – such as a video or admission of liability – insurer adjusters must generally rely on their insured’s sworn statements. If the other party lied about the accident or otherwise mitigated fault, the liable insurer may refuse to accept liability for the accident. Even though this could be considered insurance fraud in New York, it is shared.
A personal injury attorney can help you understand that the car insurance company’s liability determination is not binding on a court of law. Your car accident lawyer may immediately sue the other party for negligence or even the insurance company for ‘bad faith.’ He could also hire a private accident investigator to reconstruct the accident and request the insurance company reconsider its fault determination based on an expert analysis. You might recover financial compensation for lost wages, medical expenses, property damage, and pain and suffering, even if the other driver denies fault.
Benefits of Retaining an Experienced Buffalo Car Crash Attorney
Dedicated personal injury lawyers can hold drivers responsible for a car accident regardless of the fault determination. At the Steve Foley Law Firm, our Buffalo attorneys might even take your case without upfront fees or out-of-pocket expenses. There is no risk associated with contacting them today at (716) 356-4432 or online if the other driver denies wrongdoing after a car accident.