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Personal Injury Attorney Answers: Disputing Car Accident Claims

Question: I was in a car accident. The other driver agreed it was his fault at the scene so I didn't call the police, but now he has completely changed his story and is saying it was my fault and his insurance company is taking his side. What can I do?

As a personal injury attorney with years of experience handling car accident cases, I've seen countless situations where honest drivers find themselves in a bind due to dishonest parties changing their stories after the fact. Today, I'll address a common scenario and provide guidance on how to dispute false claims and prove fault in car accident cases.

  • Document Everything, Even When Fault Seems Clear
  • Gather Additional Evidence
  • Use Expert Analysis to Your Advantage
  • Leverage Insurance Company Tactics
  • Legal Options When Negotiations Fail
  • Preventing Future Disputes
  • The Importance of Legal Representation

Document Everything, Even When Fault Seems Clear

First and foremost, always document everything at the scene of an accident, even if the other party admits fault. Take photos of all vehicle damage. Get contact information from any witnesses, and write down your recollection of events immediately. 

Also, file a police report, regardless of the other driver's admission. While it may seem unnecessary when the fault appears clear, this documentation can be crucial if the other party changes their story later.

Gather Additional Evidence

If you find yourself in a situation where the other driver has changed their story, don't panic. As a personal injury attorney, I recommend taking the following steps to gather evidence:

  • Return to the accident scene: Take photos of skid marks, traffic signs, and the general layout. 
  • Check for surveillance cameras: Nearby businesses or traffic cameras may have captured the accident.
  • Obtain your vehicle's data: Many modern cars have event data recorders that can provide crucial information about speed, braking, and other factors at the time of impact.
  • Seek out witnesses: Return to the area and ask local businesses if anyone witnessed the accident.

Use Expert Analysis to Your Advantage

Sometimes, the evidence you gather on your own isn't enough to definitively prove fault. In these cases, consider enlisting the help of experts. Accident reconstruction specialists can use physical evidence and mathematical models to determine how the accident occurred.

If injuries are involved, medical professionals can provide testimony about the nature of injuries and how they likely occurred. Forensic experts can analyze paint transfers, impact patterns, and other physical evidence to support your version of events. As your personal injury attorney, I would coordinate with these experts to build a strong case in your favor.

Leverage Insurance Company Tactics

Insurance companies often side with their policyholders initially, but they're also interested in resolving claims efficiently. Here are some strategies to use when dealing with the other driver's insurance company:

  • Provide all evidence: Submit your photos, witness statements, and expert analyses to the insurance adjuster.
  • Highlight inconsistencies: Point out any discrepancies between the driver's current story and what was said at the scene.
  • Request a recorded statement: Ask the insurance company if they have a recorded statement from their policyholder. If the story has changed, this could be powerful evidence in your favor.
  • Consider mediation: Many insurance companies are open to third-party mediation to resolve disputes without going to court.

Legal Options When Negotiations Fail

If the insurance company remains uncooperative despite your evidence, it may be time to consider legal action. As your personal injury attorney, I would advise you on your options. First, you can file a lawsuit. Formal legal action can compel the other party to provide evidence and testify under oath. 

Phone records, work schedules, and other information can be subpoenaed through legal channels. This information might prove the other driver was distracted or otherwise at fault. Finally, the deposition process allows us to question the other driver and witnesses under oath, often revealing inconsistencies in their story.

Preventing Future Disputes

While we're focused on resolving your current situation, it's worth discussing how to prevent similar issues in the future:

  • Always call the police after an accident, no matter how minor it seems.
  • Invest in a dashcam to provide indisputable video evidence of any future incidents.
  • Keep a disposable camera or ensure your phone is always charged for taking photos.
  • Consider uninsured/underinsured motorist coverage to protect yourself from drivers who may lie about their insurance status.

The Importance of Legal Representation

Navigating the complexities of car accident claims, especially when dealing with disputed fault, can be overwhelming. This is where having a skilled personal injury attorney becomes invaluable. We can handle all communication with insurance companies and coordinate expert witnesses and analyses.

We’ll also help you ensure all deadlines are met and proper procedures are followed. Then, we’ll negotiate settlements or represent you in court if necessary.


Conclusion

Dealing with a driver who changes their story after admitting fault can be frustrating and stressful. However, by taking prompt action to gather evidence, working with experts, and understanding your legal options, you can effectively dispute false claims and prove who's truly at fault. As a personal injury attorney, my role is to guide you through this process, ensuring your rights are protected and you receive the compensation you deserve. Remember, the key is to act quickly, document thoroughly, and seek professional legal assistance when needed.

Disputed Fault? Let Folkenflik Law Set the Record Straight

At Folkenflik Law, we understand the challenges of car accident claims. Schedule a free consultation with our personal injury attorney today to discuss your case.

"The information provided herein is simply a brief overview of the Florida law on this particular matter. It should not be relied upon for legal purposes, as the facts and circumstances to any specific legal matter may vary substantially from the limited explanation and application of often complicated legal rules and principles that may be addressed herein, or applicable in your particular legal matter. You should only rely upon legal advice provided to you by a licensed attorney who has had an opportunity to fully evaluate your particular legal matter".

David Folkenflik
Attorney

Mr. Folkenflik is a graduate of Countryside High School, in Clearwater; St. Petersburg Junior College; and the University of South Florida in Tampa. He received his law degree, with Honors, from the University Of Florida College Of Law at Gainesville.

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