What happens if the other driver disputes who is at fault in the accident?
What happens if the other driver disputes who is at fault in an accident? The answer to what you should do if the other driver disputes fault depends on the steps you take next. Documents like police reports and your insurance company's investigation can help you prove who is at fault in an accident.
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Brad Larson
Licensed Insurance Agent
Brad Larson has been in the insurance industry for over 16 years. He specializes in helping clients navigate the claims process, with a particular emphasis on coverage analysis. He received his bachelor’s degree from the University of Utah in Political Science. He also holds an Associate in Claims (AIC) and Associate in General Insurance (AINS) designations, as well as a Utah Property and Casual...
Licensed Insurance Agent
UPDATED: Dec 18, 2023
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Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.
UPDATED: Dec 18, 2023
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident auto insurance decisions. Comparison shopping should be easy. We are not affiliated with any one auto insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- Another driver can claim they were not at fault for your accident, and you should always gather evidence at the scene in case this happens
- Your insurance company will do its best to investigate the accident and prove the other driver’s liability
- Legal proceedings may be necessary if you and the other driver cannot resolve the dispute
After an accident, it’s frustrating to learn that another party plans to complicate your right to compensation. Unfortunately, this can often happen when another driver is involved in your accident, and they disagree with you on who is at fault. So what happens if the other driver disputes who is at fault in an accident?
Luckily, the best affordable auto insurance companies still have the power to determine what happens if the other driver disputes who is at fault in the accident. They can start an investigation that will hopefully lead to you getting compensated.
When the Other Driver Disputes Who Is at Fault
It’s not surprising that disputes happen over fault when it comes to car accidents. The other driver’s insurance company must compensate you when you are not at fault in an accident. Furthermore, the other driver will face other consequences, like higher monthly premiums.
You must communicate with the other driver at the scene to prepare for this possibility. It may be tense, but you need to know if you and the other driver have a mutual understanding of what happened. It will usually be clear at the accident scene if the driver disputes who is at fault.
If they don’t agree with who is at fault, make sure you collect as much evidence as possible. This is good practice even if the other driver agrees with you, as it can help ensure smooth claim processing.
Relevant evidence from the scene includes photos and videos of the damage, witness statements, and contact information. In addition, it’s a good idea to get a photo of the other driver’s license, insurance details, and license plate number.
Read more:
- What happens if the other driver disputes who is at fault in the accident?
- What happens if the other driver doesn’t have insurance?
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Always Get a Police Report
Perhaps the most important evidence you can get is a police report. Contact the police immediately after the accident. While a police report does not automatically prove fault, communicating calmly and clearly and sticking to your story will bode well for you and may affect the officer’s official opinion.
The police report may also include a liability assessment. This is essentially a determination of who is at fault. Your insurance company and the court will often view a police report as objective evidence.
Remember, you should always secure collision coverage if you drive frequently, and many states require you also have affordable liability auto insurance coverage by law. Both types of auto insurance coverage can protect you financially following an accident.
The other driver’s liability coverage should compensate you when you are not at fault. However, if this takes too much time, you can file a collision claim with your insurance company so they can seek repayment from the at-fault driver.
When the Other Driver Disputes Who Is at Fault During the Claim Processing
A major part of learning how auto insurance works is understanding what happens when other parties complicate your claims. How the other driver feels at the accident scene can often change after they’ve had time to think about the events. After you file your claim, they may decide they were not at fault.
If this happens, both insurance companies may consider comparative or contributory negligence. This is when a percentage of fault is assigned to both drivers, affecting how much compensation you receive, which is why collecting evidence at the scene is so important.
After the investigation concludes, the other driver’s insurance company will usually determine its client is at fault if the evidence supports it. It will then process the claim accordingly. However, negotiations for a settlement agreement may be necessary if the insurance companies disagree.
If all else fails, you may have to consult a lawyer and go to court. If this happens to you, ensure you stick to your side of the story and present your supporting evidence to your lawyer.
Follow the Process When the Other Driver Disputes Who is at Fault
Dealing with another driver in a contentious manner can cause a lot of stress. However, staying confident and gathering supporting evidence is key if you know you were not at fault during an accident.
In addition, your insurance company will always do everything possible to secure compensation for your personal injuries and vehicle damages.
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Frequently Asked Questions
How does insurance work when it’s not your fault?
In these situations, your insurance company usually seeks compensation from the at-fault driver. This is why it’s so important for drivers to have liability coverage.
If you have collision coverage, you should also file a claim regardless of who is at fault. If the other driver doesn’t have insurance, you may need uninsured motorist coverage to receive compensation.
What happens if you are at fault in a car accident?
You will be required to pay for repairs to your vehicle and the other vehicle. In some states, you’ll also have to cover medical expenses or other damages resulting from injuries. Your monthly insurance premium will also likely increase if you cause an accident.
Does insurance go up if you’re not at fault?
Your insurance rates generally should not increase if you are in an accident but are not at fault. However, if the other driver doesn’t have sufficient insurance and your insurer must pay out, this could affect your rates. Your driving history and where you live can also affect the outcome.
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Brad Larson
Licensed Insurance Agent
Brad Larson has been in the insurance industry for over 16 years. He specializes in helping clients navigate the claims process, with a particular emphasis on coverage analysis. He received his bachelor’s degree from the University of Utah in Political Science. He also holds an Associate in Claims (AIC) and Associate in General Insurance (AINS) designations, as well as a Utah Property and Casual...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about auto insurance. Our goal is to be an objective, third-party resource for everything auto insurance related. We update our site regularly, and all content is reviewed by auto insurance experts.