One of the most often-asked questions after a car accident is: “Who was at fault?” The reason fault is an important discussion in terms of car accidents is that the at-fault driver is generally responsible for compensating the expenses and impacts that another person incurs as a result. Some drivers will attempt to avoid being found liable for an accident so that they can avoid this consequence.
If you have been injured or have suffered property damage as a result of another driver’s negligence, there are some telltale signs that can help you know if another driver is trying to avoid liability. Here is a look at three of those signs, as well as information on how a knowledgeable car accident lawyer can help you gather the evidence and information you need to prove liability to obtain the compensation you need.
Identifying Red Flags in a Car Accident
When involved in a car accident, it’s essential to be aware of potential red flags that may indicate the other driver is trying to avoid taking responsibility or is not cooperating with the insurance process. Some common red flags include:
- The other driver refused to provide their insurance information or contact details.
- The other driver was evasive or uncooperative when asked about the accident.
- The other driver’s insurance company denies coverage or delays the claims process.
- The other driver’s insurance company offers a lowball settlement or tries to settle the claim quickly.
- The other driver’s insurance company requested unnecessary documentation or information.
If you notice any of these red flags, it’s crucial to seek the advice of a car accident lawyer who can help you navigate the situation and protect your rights. An experienced attorney can assist in dealing with the other driver’s insurance company, ensuring that you receive fair treatment and the compensation you deserve.
- The Driver Leaves the Scene Without Offering Other Driver’s Insurance Information
After an accident occurs that involves physical injuries or significant property damage, most states require the accident to be promptly reported to law enforcement and for a police officer to then go to the scene to investigate and determine who was at fault. Drivers who have been involved in car accidents also have a legal responsibility to exchange contact and insurance information with each other for the purpose of reporting the accident to their respective insurance companies. According to the AAA Foundation for Traffic Safety, more than 737,000 traffic-related accidents involve one of the drivers leaving the scene without exchanging information or speaking with police investigators — around one accident every 43 seconds.
Why do drivers flee?
Avoiding liability for the accident is one major reason. Other reasons include a driver who is wanted by the police avoiding the potential of being captured at the accident scene or an unlicensed driver seeking to avoid the consequences of having been caught operating a motor vehicle without a license.
Red Flags:
- The at-fault driver denies responsibility for the accident.
2. The Driver Offered to Pay You Cash if You Do Not Report the Accident
Suppose that a car accident happened. After checking on their passengers and attempting to get their vehicle out of the roadway to avoid additional crashes involving other vehicles approaching the scene, the drivers begin exchanging information, and one driver says to the other: “Let’s just settle this here. I will pay you $500 if you don’t report the accident.” For all the reasons that a driver would not want to remain at the scene until police arrive, they might also hesitate to offer their information.
There are many reasons to report an accident both to the police as well as to your insurance provider. State laws require the information to be reported, as do the contractual terms of most auto insurance policies. Beyond that, if you realize hours or days after the accident that you are injured but you agreed not to take down the other driver’s insurance information or report the accident, it will be difficult to prove that the accident was the cause of your injury or that the other driver was involved.
3. The Driver Denies Responsibility and Tells Investigators that You (or Someone Else) Caused the Crash
The blame game is not an uncommon occurrence at car accident scenes. Many investigators are trained to talk to the parties involved in the accident separately in order to keep the conversations productive and avoid an altercation at a time when emotions are running high. If a driver was already telling you what you should have done to avoid the accident before the police even arrived, it is a good bet that they are planning to tell the police what they think you did wrong as well.
Likewise, drivers can emerge from their crashed vehicles with excuses that involve the roadway, other vehicles, or even pedestrians or animals in the roadway.
While arguing about the facts of the accident at the scene is not generally the best way to get to the truth of the matter, drivers who have photos from the scene depicting the damage to both vehicles and who have been able to obtain the contact information of anyone who witnessed the accident can help their case when it comes time to prove liability.
If the at-fault driver denies responsibility, it is crucial to gather evidence and report the incident to the driver’s insurance company to ensure your claim is processed fairly.
Protecting Your Rights and Interests
When involved in a car accident, it’s crucial to protect your rights and interests by taking the following steps:
- Seeking medical attention immediately to document your injuries. This not only ensures your health and safety but also provides necessary medical records for your insurance claim.
- Reporting the accident to the police and obtaining a police report. A police report is a critical piece of evidence that can help establish the facts of the accident and determine liability.
- Gathering evidence, including witness statements and photographs. Documenting the scene, the damage to the vehicles, and any visible injuries can be invaluable when filing an insurance claim.
- Notifying your insurance company and the other driver’s insurance company. Promptly informing your insurance carrier and the other driver’s insurance company about the accident is essential for processing your claim.
- Seeking the advice of a car accident lawyer to navigate the insurance process and ensure you receive fair compensation. An attorney can help you understand your own insurance policy, negotiate with the insurance companies, and represent your interests if the case goes to court.
By taking these steps, you can protect your rights and interests and ensure you receive the compensation you deserve for your injuries and damages. Remember, the actions you take immediately after the accident can significantly impact the outcome of your insurance claim and your ability to recover financially.
How an Attorney Can Help You Prove Liability and File an Insurance Claim
The term liability refers to the legal responsibility that drivers have to compensate those they have harmed through negligence. Negligence is proven by showing that the driver was using a public roadway when the accident occurred, therefore owing others on the roadway a duty of care, that the duty of care was breached when the driver failed to take reasonable actions to avoid a collision, and that this breach was the cause of the accident that resulted in injury.
When you hire a personal injury lawyer to help you with your claim, they will perform a thorough investigation of the details of your case in search of evidence and witness testimony that can prove these elements. They can determine from this investigation who was liable for the accident, as well as the insurance resources that the at-fault party has that can be used to cover the expenses and impacts you incurred. They can perform many other types of services as well, such as establishing a value to your claim, negotiating a settlement, or even representing you in court if necessary. An attorney can also help identify the actions of other drivers that may have contributed to the accident, further strengthening your case.
Injured in a Car Accident in Pennsylvania? Contact RGSG
One of the most traumatic circumstances an individual can endure involves injuries from a car accident. The last thing most people who have been injured due to someone else’s negligence want to do is undertake a legal effort in order to obtain compensation for the financial and psychological impacts of the accident. Luckily, the talented legal team at Rubin, Glickman, Steinberg & Gifford, P.C. can focus on this legal effort while you focus on your physical recovery.
If you were injured in an accident and the other driver is trying to avoid liability, it is important to get legal advice from a professional who understands the personal injury claims process and provides services that include assistance in determining and proving liability. For your free case evaluation, contact us online or by calling (215) 822-7575.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
December 24, 2024
