Steps for Disputing Who Was Assigned Fault After a Car Accident

Published on Feb 5, 2021 at 8:14 am in Car Accidents.

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After a car accident where you suffered injuries and other damages, you might be contemplating filing a legal claim against the driver responsible for your collision. However, if you were assigned fault for the accident, then you would be unable to recover financial compensation for your damages. If you believe the other driver was the one who was really at fault, then you will have to dispute the fault assigned after your car accident.

Auto wrecks can be complicated, especially when it comes to assigning fault. That’s where a member of our team of Jackson car accident lawyers can help you. At Pittman Roberts & Welsh, PLLC, we can offer you legal support that investigates who was really at fault for the accident and guide you through the legal process.

Let’s take a look at the steps for disputing who was assigned fault after a car accident so that you can get the compensation you deserve for your damages. Whether it was the insurance company or the police report that got the fault wrong, you’ll need to know how to dispute their claims.

Compile All of Your Proof

Immediately after your collision, you should have taken photos of the scene, gotten contact information of any witnesses, and saved bills from any damages that your vehicle sustained. This can help piece together the entire scenario so that the accident can be recreated, and fault can be determined. Once you compile all of the evidence you have from the scene, you can bring it to the police or the insurance company to help prove what happened and who was truly at fault for the accident.

The police report will also be instrumental in proving fault. If the police report states that you were not deemed to be at fault for the accident, then the resolution should be simple. But if the report says that you were at fault, and you believe it’s incorrect, then you’ll need to contact the officer who wrote the report.

Contact the Police Officer Who Filed the Accident Report

Sometimes mistakes are made in police reports. When this happens and it’s falsely stating that you were at fault for the accident, then you’ll need to contact the police officer who filed your accident report and present them with your proof. If they determine that your discrepancy is correct, then they could amend their false report. If they don’t agree with you, then you will likely have to take further action.

If needed, you can contact Mississippi’s Department of Public Safety to file a dispute against the police report. Including your proof and any witness statements that support your lack of fault will help you in your claim.

Dispute the Claim with Your Insurance Company

Since Mississippi is a traditional fault state, recovering compensation from your insurance company relies on the other driver being at fault for the collision. If an insurance company denies your claim because they believe you’re at fault, then you need to contact them immediately to notify them of their error. You’ll want to do this both on the phone and in writing.

Usually, this will cause them to look at their decision again and revise their findings. If they decide that you are still at fault for the accident, then you’ll have your verbal and written disagreement with their decision on record to help you if you need to file a legal claim later.

Hire a Lawyer

Throughout this whole process, it’s in your best interests to have a car accident lawyer on your side. An attorney from Pittman Roberts & Welsh, PLLC can guide you through your disputes and claims to ensure that your rights are protected and that you get the compensation you deserve for your damages.

We will help you prove you weren’t at fault for the accident and fight to help you financially recover from the endeavor. Our experienced lawyers understand that legal action can seem intimidating, but with us on your side, you can feel confident in taking action. Reach out to our office today so that we can get started on your claim as soon as possible.

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