How To Avoid Being Wrongly Named At Fault For A Car Crash

Posted on: 18 December 2019

After a car accident, your insurance company will go through a process of determining fault for a crash. As a part of this process, they will examine the actions of each driver, the police reports, and any statements you and other witnesses have made. If you are determined to be at fault, you and your insurance company will pay for the damage. If the other driver is found to be at fault, they and their insurance company will be financially responsible.

Usually, the process of determining fault is pretty straightforward and the insurance company names the correct individual. But sometimes, the wrong person is named at fault. How can you avoid being named at fault when you didn't do anything wrong? Start by following these tips.

1. Do not admit fault to the police or other driver.

After a car accident, you are sure to feel flustered and a bit anxious. In this flustered state, you may end up saying something like "I'm sorry!" to the other driver. Sadly, this can be taken as admitting that the accident was your fault. Similarly, telling the police you were distracted, are not sure what happened, or that you're not sure whether you stopped or otherwise followed traffic laws could be seen as admitting fault. 

To avoid accidentally admitting fault, do not say anything to the other driver until the police arrive. Even then, only say what is necessary in order to exchange information. Tell the police what happened, but avoid language such as "I was distracted" and "I looked away" which may implicate you since distracted driving is a traffic violation.

2. Don't give a recorded statement to the insurance company.

If the insurance company asks you if you will make a recorded statement, refuse to do so until you talk to a car accident attorney. Insurance companies typically do this if they are having trouble determining fault. They will carefully review the recorded interview for evidence that you did something to cause the crash. Some of the questions may be specifically designed to make you trip up and admit fault. An attorney can coach you on what to say and what not to say so that you do not incriminate yourself during such an interview.

If you are worried about being wrongfully named at fault for a crash, contact a car accident attorney in your area. The sooner you seek legal representation in cases like these, the better. For more information, contact law firms like Carter & Fulton, P.S.