Being Blamed for a Car Accident that Wasn't Your Fault (2024)

Car accidents can happen to anyone at any time. However, what happens when you’re involved in a car accident that wasn’t your fault, but you’re being blamed for it? It can be a frustrating and stressful experience, especially when you’re not sure what to do next.

If you find yourself in this situation, it’s important to know your rights and take the necessary steps to protect yourself. You don’t have to accept the blame for an accident that wasn’t your fault; there are ways to fight back.

Here you can explore the steps you can take if you’re being blamed for a car accident that wasn’t your fault, including gathering evidence, working with insurance companies, and seeking legal help from a personal injury attorney if necessary.

What do I Do If I Am Being Blamed for an Accident that I didn’t Cause?

Being blamed for a car accident that wasn’t your fault is not a fun position to be in, but it is definitely not a hopeless scenario in every case. If you find yourself in this situation, here are some steps you can take to protect yourself and prove your innocence.

Gather as Much Evidence as You Can

If you are involved in a car accident, the first step is to stay calm and collect as much information as possible. This includes taking photos of the vehicle and the scene, exchanging contact and insurance information with the other driver, and getting the contact information of any witnesses.

Be observant. If possible, note the location of any security cameras or witnesses who may have been filming with cell phones or dash cams. All of these things can serve as evidence that you are not at fault for a crash and can help to bolster your case.

If you’re injured and physically cannot take these steps, call a friend to help you or contact a personal injury attorney. Let them know the circ*mstances of the accident and ask for assistance.

Report It

Even if you are not at fault for the accident, it’s important to report the incident to your insurance company as soon as possible. This will help protect you in case the other driver tries to file a claim against you. Be sure to provide your insurance company with all the information you have collected about the accident.

Though it is a stressful time, it’s still wise to be cautious with the words you say. Even your own insurance company can use your statements against you to deny your claim. Do not agree to a recorded statement or describe any injuries in detail.

Wait until you can speak with an attorney so they can help you deal with insurance adjusters and protect your claim. Do not admit fault in any situation.

Call the Police

If the accident is serious enough, the police will likely be called to the scene. Make sure you obtain a copy of the police report, as this can be used as evidence to prove your innocence. If the police were not called to the scene, you can still file a police report at a later time.

In many cases, a police report can tell you plenty. It will have the names of the others involved and their insurance information, and it should note whether any citations were issued and why. An accident report can also prove to your insurance company that your injuries were indeed caused by an accident and not some other unrelated activity.

Seek Help from a Medical Doctor or Submit to an Examination by Paramedics on Scene

If paramedics are on the scene, let them take a look at you. Some injuries are not obvious, and they can decide if you need further assistance. Otherwise, make sure to seek medical attention right away to get checked out thoroughly for any injuries that may be masked by adrenaline.

Having a medical examination can also bolster your case should you have any injuries that manifest after a few days. Certain injuries like bone fractures, internal bleeding, concussions, and head trauma may be late onset and take hours, days, or even weeks to manifest.

Get Ready to Fight

Unfortunately, even with all the evidence on your side, it’s possible that the other driver may still try to blame you for the accident. If this happens, be prepared to fight for your innocence. This may involve going to court or working with your insurance company to dispute any claims against you.

A car accident attorney can be invaluable in this situation and may be able to find key evidence that invalidates any claims against you.

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Determining Liability in a Car Accident

Insurance adjusters typically take the lead when it comes to investigating auto accidents and assessing liability. They will look at the drivers’ comments, the police accident report, and the vehicles’ conditions to determine what happened. That’s usually how they determine liability against someone.

However, the burden of proof shifts to you if you disagree with their determination of who was at fault in a car crash. This may entail obtaining legal representation or supplying additional evidence.

You may need to provide evidence from secondary sources, such as witness statements or surveillance film, to back up your claim that the other driver was to blame for the accident. This can be a time-intensive procedure that requires a commitment to succeed, which is why you may need a car accident attorney.

If You Were Blamed for a Car Accident You didn’t Cause, Contact an Attorney

If you’ve been involved in an auto accident, the best thing you can do is to retain an experienced car accident attorney right away. This is particularly true if you have been injured in the crash.

An experienced attorney can collect and analyze evidence for your case to ensure that your best interests are being represented. We can work to identify any witnesses at the scene of the crash who can provide further confirmation about what happened and help build a strong legal argument for why the other driver should be held accountable.

The fault for an accident is not always as it may seem. A personal injury lawyer from Berry Law can investigate to pinpoint the cause of your crash and determine liability. Contact us today for a free evaluation of your case and learn how we may be able to help.

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Being Blamed for a Car Accident that Wasn't Your Fault (2024)

FAQs

Being Blamed for a Car Accident that Wasn't Your Fault? ›

If this happens, be prepared to fight for your innocence. This may involve going to court or working with your insurance company to dispute any claims against you. A car accident attorney can be invaluable in this situation and may be able to find key evidence that invalidates any claims against you.

What happens if you are blamed for a car accident? ›

If you're blamed for a car accident, you might be understandably panicking about what to do. However, if you protect your rights and have the right lawyer at your side, you can fight for the compensation you're entitled to.

How to deal with guilt of causing a car accident? ›

It may help to read about other people's experiences online, or talk to others who have had similar experiences. Many people who have caused accidental death or injury find strength and solace from talking to trusted people about what happened and how they feel.

Does your insurance go up after a claim that is not your fault? ›

Under California law, an insurer cannot increase your premiums when you aren't at fault.

Had an accident not my fault? ›

How do I claim for a non-fault accident? If you have comprehensive cover, you can make a claim with your insurance provider following their claims process. If you have third-party, or third-party, fire and theft insurance, you'll need to write to the other driver and make a claim against them directly.

What happens if you don't admit fault in a car accident? ›

Even if you don't admit fault, insurance agents may record the call, hoping to find evidence that an accident was your fault. These recordings can be used in court to hurt your chances of recovering money from the other party. Insurance companies want to pay as little as possible.

How do I stop feeling guilty about something that's not my fault? ›

How do you get rid of feelings of guilt?
  • Make amends when necessary.
  • Practice self-forgiveness.
  • Be open about your feelings.
  • Practice self-compassion.
  • Stop negative self-talk.
  • Seek professional help.
Dec 19, 2023

What is emotional distress in a car accident? ›

People who experience post-crash emotional distress often describe feelings of denial, shock, grief, anger sadness, and fear. These feelings can lead to physical symptoms including flashbacks/nightmares, fatigue, tension, fear, and moodiness. How long people experience these symptoms also varies substantially.

Is apologizing admitting fault in a car accident? ›

Nonetheless, when it comes to the law, making an explicit apology after being involved in an auto accident – as well as most other accidents which cause personal injury – is normally interpreted as an admission of guilt in court proceedings and other legal matters.

Should I call my insurance if it wasn't my fault progressive? ›

Technically, you're required to report a claim even if it's not your fault. We're here to protect your interests and help when you're involved in an auto accident, no matter who was at fault. Reporting a claim is particularly important when people are injured or there's damage to another person's car or property.

How much will my insurance go up with an at-fault accident in Canada? ›

If your accident results in a claim (at-fault or not) that claims free discount goes away and your premiums may go up by 5-15%, depending on the carrier.”

Does your insurance go up after a claim that is not your fault USAA? ›

Accidents that aren't the policyholder's fault tend to increase rates by about 4%, on average, across major insurers. However, in certain states, such as California and Oklahoma, insurers cannot increase a policyholder's premiums after a not-at-fault accident.

How to get over guilt of causing a car accident? ›

Talking out what you're experiencing can often lighten the burden and make the guilt easier to cope with. If just speaking with someone isn't enough, a doctor or psychiatrist may be able to prescribe you medication to help ease your emotional trauma.

Why you shouldn't apologize after an accident? ›

Saying “sorry” can be used as evidence against you, making it difficult to negotiate a fair settlement. Insurance providers may use your apology to minimize their own liability, resulting in lower compensation for your injuries or property damage.

What are the 4 R's of forgiveness? ›

Responsibility: Accept what has happened and show yourself compassion. Remorse: Use guilt and remorse as a gateway to positive behaviour change. Restoration: Make amends with whomever you're forgiving, even if it's yourself. Renewal: Learn from the experience and grow as a person.

Does insurance pay out if it's your fault? ›

Insurance companies will usually try to come to a settlement between themselves and both insurers will try and support the account of their own client. If you've admitted fault to your insurer then they have a legal obligation to cover the damages depending on you level of cover.

Should I admit my fault in a car accident? ›

While admitting fault in a car accident can have many benefits, it's important to remember that you should only admit fault if you are sure it is your fault. If you are unsure if you were at fault or if there are extenuating circ*mstances, it's important to consider all of the facts before making a decision.

Does it matter whose fault it is in an accident? ›

Why Determining Car Accident Fault Is Important. Figuring out who was at fault for a car accident is important because it usually dictates who will bear financial responsibility for injuries and other losses ("damages" in the language of the law) resulting from the crash.

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