How to Dispute Car Accident Fault?

Car Accident Fault Blog 2

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Car accidents happen every day in Florida. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) reports that there were 403,626 confirmed crashes in 2018 alone. If you are involved in a serious crash, fault could affect your ability to recover full and financial compensation for your injuries. You need to take immediate action if you were unfairly assigned blame for a collision. Here, our Boca Raton car accident lawyers highlight the steps you need to take to dispute fault in a crash. 

Four Steps to Dispute Fault After an Auto Accident in Florida

1. Gather and Organize All Evidence

To effectively dispute fault, you will need evidence. The more evidence you have, the easier it will be to challenge an insurance company’s inaccurate initial decision. Relevant evidence comes in a wide range of different forms, including: 

  • Photographs;
  • Videos;
  • Police reports;
  • Witness statements; and
  • Your own testimony.

An experienced South Florida car accident lawyer will help you investigate the crash, track down evidence, and organize/assemble all of the information that you have in order to make a compelling legal case. 

2. Notify the Insurer(s) in Writing

Insurance companies do not get to make the final decision on who was at fault for a crash. Not only are they self-interested parties, but they make mistakes. You have the right to challenge their findings.  

If you are disputing fault, you must notify all insurance companies in writing. It is important to get your challenge down in writing so that it is properly recorded. Make sure that every insurance company that is involved in the claims process is aware that you are disputing fault.

3. Contest Any Ticket or Inaccuracies in the Police Report

In many cases, insurance companies assign fault based on either traffic citations or police officer observations in a police report. If you were issued an unfair ticket or the responding officer wrote something unfavorable about you in the accident report, you need to challenge that error. Fight any traffic ticket and take proactive steps to dispute the observation in the police report. 

4. Get Help From a Florida Auto Accident Attorney

Once you have taken the initial steps of organizing the evidence you have, notifying the insurer(s), and disputing any traffic tickets, you should consult with an experienced Florida car accident attorney. What exactly you will need to do next depends on the specific circumstances. Some insurers conduct a re-investigation/re-evaluation after receiving notification that fault is in dispute. They may revise their opinion. In other cases, the insurer will immediately start preparing a defense. Your lawyer will help you build a well-supported case and take all necessary steps to help you get justice and compensation.  

Schedule a Free Car Accident Consultation Today

At Eltringham Law Group, our Florida car accident lawyers are trustworthy, experienced advocates for victims and their families. If you have questions about disputing fault in a traffic collision, we can help. Contact our team for a free, no commitment review of your car accident case. With a legal office in Boca Raton, we serve communities throughout South Florida, including in Palm Beach County, Broward County, Martin County, and Hendry County. 

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