What to Do If the Other Driver Denies Liability After an Accident

Car accidents can be challenging, especially when the other driver denies liability. In Texas, proving fault is essential because the state uses a fault-based system for car accidents. Here’s what to do if the other driver denies liability after a car accident.

1. What to Do If the Other Driver Denies Liability: Gather Evidence at the Scene

If the other driver denies liability after a car accident, staying calm and collecting evidence is crucial. Here’s how to handle the situation:

• Take Photos: Document the accident scene with photos of vehicle damage, road conditions, skid marks, traffic signals, and any visible injuries. These images are essential if the other driver denies liability.
• Record Witness Information: Collect names and contact details of witnesses. Their statements can be invaluable in proving fault when the other driver denies liability.
• Call the Police: Even if the other driver denies fault, a police report is critical. The official report can support your claim when the other driver denies liability.

2. Obtain and Review the Police Report for Denied Liability

After the police have investigated, obtaining and reviewing the report is key if the other driver denies liability. Follow these steps:

• Request a Copy: Get the police report from the local agency or through your insurance company. This report may include the officer’s determination of fault.
• Check for Errors: Ensure the report accurately reflects the incident. If you find mistakes, request amendments or add a statement to clarify the facts.

3. Notify Your Insurance Company About the Denial of Liability

Inform your insurance company about the accident and the other driver’s denial of liability. Provide all the evidence you’ve collected, including:

• Photos of the Scene: Submit the photos taken at the accident site.
• Witness Statements: Share contact details of any witnesses.
• Police Report: Provide the police report to assist in determining fault and negotiating with the other driver’s insurer.

4. Consult with an Attorney if the Other Driver Denies Liability

If the other driver maintains their denial of liability and your insurance company cannot resolve the issue, consulting a car accident attorney may be necessary. An experienced attorney can:

• Investigate the Accident: Conduct a thorough investigation by reviewing the police report, interviewing witnesses, and consulting experts if needed.
• Negotiate with Insurers: Handle negotiations with the other driver’s insurance company to establish fault and secure a fair settlement.
• File a Lawsuit: If negotiations fail, file a lawsuit to seek compensation for damages.

5. Gather Additional Evidence for Disputed Liability

To strengthen your case when the other driver denies liability, consider gathering additional evidence:

• Traffic Cameras or Dash Cam Footage: Use footage from traffic cameras or a dash cam to provide a clear record of the accident.
• Medical Records: Present medical records to demonstrate the severity of your injuries and their impact.
• Vehicle Damage Assessments: Obtain a detailed assessment from a mechanic to illustrate how the accident occurred.

6. Understand Comparative Fault in Texas When Facing Liability Denial

In Texas, the concept of comparative fault may affect your case if both parties share responsibility. Understand how this impacts your claim:

• Impact on Compensation: If partially at fault, your compensation is reduced by your percentage of fault. For instance, being 20% at fault reduces your $10,000 damages by $2,000.
• Denial of Liability: The other driver’s denial does not negate their potential partial fault in the accident.

7. Prepare for Litigation if the Other Driver Continues to Deny Liability

If you cannot reach a settlement and the other driver still denies liability, litigation might be necessary. Prepare by:

• Filing a Lawsuit: Your attorney will file a personal injury lawsuit to claim compensation for medical bills, lost wages, and other damages.
• Discovery Process: Both parties will exchange evidence and information, including depositions and expert testimony.
• Trial: If the case goes to trial, a judge or jury will determine liability and the amount of compensation.

8. Consider Mediation or Arbitration for Liability Disputes

Mediation or arbitration can resolve disputes without going to trial. Consider these alternative methods:

• Mediation: A neutral third party helps facilitate negotiations between you and the other driver.
• Arbitration: An arbitrator makes a binding decision on the dispute.

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If the other driver denies liability after a car accident, it can create significant challenges in securing compensation for your damages. However, by gathering evidence, obtaining a police report, consulting with a car accident attorney, and understanding Texas’ comparative fault laws, you can protect your rights and work toward a fair resolution. When faced with a denial of liability, don’t hesitate to seek legal representation to ensure you receive the compensation you deserve.