What if the Other Driver Denies Fault After a Car Accident?
People are naturally inclined to defend themselves after motor vehicle collisions. There’s always an excuse: the light was yellow; it was dark; you were speeding. Although insurers must consider their insureds’ sworn statements, the other driver’s denial of fault does not prevent injured claimants from demanding financial compensation. It can, however, delay the insurance settlement process and require the assistance of an experienced Buffalo car accident lawyer. Consider taking the following steps if the other driver denies wrongdoing after a motor vehicle collision.
Submit a Sworn Statement and Additional Car Crash Evidence
It’s not uncommon for drivers to deny primary fault for New York car crashes. Negligent drivers may admit to some fault, such as general distraction, but deny overall responsibility for the accident. Admitting fault outright often results in increased auto insurance rates and prohibits the negligent driver from demanding insurance settlements. Insurance adjusters must thoroughly investigate all accident claims under New York law, even if their policyholders deny fault.
An experienced Buffalo personal injury attorney might help you submit the following evidence of fault during the insurance investigation:
- Police report
- Witness statements
- Your sworn statement
- Video Footage
- Photographs
- Reports from expert accident investigators
Additionally, legal professionals might demand a written transcript of the negligent driver’s sworn statement and point out factual inaccuracies. The insurance company is not bound by its policyholder’s version of events. If it fails to investigate, this might support insurance bad faith claims in Buffalo.
Apply for No-Fault Benefits
New York is a no-fault insurance state. As such, the driver’s denial of fault might be based on NY threshold injury laws. Drivers involved in Buffalo car crashes cannot demand damages from the other party’s insurance provider – even if that driver was 100% liable – unless their injuries meet the state’s serious injury or loss threshold. In New York, this means you suffered a permanent and significant injury, experienced substantial scarring or disfigurement, sustained over $50,000 in economic damages, or were disabled for at least 90 days in the 180 days following the car accident.
A personal injury attorney can analyze your case to determine if you qualify under one of the threshold categories. If not, you might still request no-fault insurance benefits to cover your lost wages and medical expenses. These benefits kick in regardless of the other driver’s denial of fault. You might still obtain no-fault benefits while challenging the insurance company’s liability determination or, if necessary, taking your claim to court.
Retain an Experienced Buffalo Car Accident Attorney
Neither the other driver nor his insurance company has the final say regarding accident fault. Only a New York Supreme Court judge or jury can make binding fault determinations after Buffalo motor vehicle crashes. If you suffered from serious injuries or financial losses following a car accident, and the other driver denies fault, contact a personal injury law firm near you to discuss your claims.
An experienced local car accident lawyer from the Steve Foley Law Firm can challenge the denial, sue the liable driver in court, and even accuse the insurer of failing to properly investigate the claim. Do not panic if the other driver denies fault after a Buffalo motor vehicle collision. Contact us online or call (716) 356-4432 to discuss your claims and insurance rights today.