Being in an accident is a distressing time. Even minor fender benders can cause confusion about who was at fault and lead to disputes over liability. Additional difficulties arise if the other driver denies accident liability, making it even more challenging.
Thankfully, with legal representation on your side, it can be less daunting. An Oklahoma car accident lawyer can help you find ways to prove the other driver was at fault. If you can bring the proof, an attorney can help with the rest.
Make Sure You Have Evidence
Evidence is key if the other driver will not admit liability for the accident. The first priority after any collision is making sure everyone involved is safe and unharmed. If the vehicles are movable, pull over to a safe location.
Once that is addressed, start gathering as much evidence as possible while at the scene. Take photos of both of the vehicles from multiple angles. Write down names and contact information for any witnesses who saw the crash.
Getting as much evidence as possible at the scene provides documentation that can counter any false claims by the other driver later. Photos, witness statements, and official reports create a record showing the proof you need to win your case.
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File a Police Report for the Accident
Even for minor collisions, having an official accident report from the police can be invaluable if the other driver denies liability. Under Oklahoma law, accidents resulting in injury, death, or over $300 in property damage must be reported to the police. It is a good idea to call the police and request a report for any accident.
The officer who responds can conduct an investigation, document statements from both drivers, interview witnesses, and ultimately issue a police report on their determination of fault. Having an objective, third-party determination of liability can carry significant weight if the other driver tries to deny responsibility later. Without a report, it becomes your word against theirs.
When providing your statement to the investigating officer, be sure to give a clear, factual account of what happened. Your recorded statement will become evidence in determining liability. Keep emotions in check and stick to just reporting the events as you see them unfold.
Notify Your Insurance Company Quickly
As soon as possible after the accident, contact your insurer and report that the other driver is denying fault. Providing notice right away is required under most policies and ensures that your insurance company can open a claim to start investigating the accident. Give all the details of the crash and your evidence of the other driver’s liability.
Ask your adjuster about the process if the other driver continues denying responsibility. Your insurer may hire an accident reconstruction expert or conduct a detailed investigation to establish fault. This can counter any false allegations by the other side and help resolve liability disputes.
When speaking with your insurance company, be cooperative but cautious about what details you volunteer. Answer all questions honestly and provide any helpful information you can. Timely cooperation helps your insurer to build the strongest case possible against the other driver’s false accusations.
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How Your Lawyer Could Catch the Other Driver’s Dishonesty
If the other driver denies fault despite evidence showing their liability, an experienced attorney can help with several strategies. They can help expose contradictions with the following:
- Thoroughly investigate their background and driving history for patterns of negligence, traffic violations, and past claims.
- Subpoena their cell phone records if distraction is suspected or order a toxicology screen for suspected intoxication.
- Work alongside accident reconstruction experts to recreate the collision and scientifically debunk their claims through physics calculations.
- Locate additional objective eyewitnesses who saw the incident unfold to contradict the other driver’s account.
- Research case law where courts ruled against the other driver’s versions of similar accidents.
- Demand they produce proof for their allegations and capitalize on them if they cannot.
- Hire investigators to keep an eye on the other driver to catch them contradicting their statements.
A lawyer can utilize these techniques to catch at-fault drivers in lies and create a solid argument proving their liability despite their denials. You do not just have to move on and think there is no hope. You deserve justice when you know you were not at fault.
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Do Not Pay for Any Damages Upfront
In some cases, the other driver involved in an accident might admit fault initially. However, they can then change their story and deny liability later. Either way, never feel you have to pay for the other driver’s damages upfront. Once they deny responsibility, let your insurance handle it.
Paying for any damages out of pocket could indicate that you are at fault, even if you were not. It can hurt your ability to dispute their denial and recover your own losses. Voluntarily paying for damages could waive your right under state law to contest fault and seek recovery from the liable driver.
Let your insurance company know if the other driver first admitted fault in a recorded statement or with witnesses present. Their flip-flop can call their credibility into question. However, their initial admission may be deemed insufficient if all other substantive evidence indicates your liability in the accident.
Let Us Help You Prove Your Side of the Story
When a car accident happens, and the other driver denies liability, it creates additional challenges to establishing fault and obtaining fair compensation. Our experienced attorneys will thoroughly investigate your accident. We will help you build a solid case and fight relentlessly to recover the maximum compensation for your injuries and damages.
Do not let the other driver blame you when you did not cause the accident. We have the resources and expertise to help provide proof and keep them accountable. Contact us today for a free consultation to explore options for contesting unjust liability denials so you can receive a fair recovery.
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