It’s human nature to want to pass blame when something goes wrong. At Monsour Law Firm, we deal with people who have been in car accidents almost every day, and it’s extremely common to run across more than one version of what happened.
It would be great if the person who caused the accident said, “It was my fault, I’m so sorry, what can I do to make this right?” Unfortunately, that’s not how it goes a large percentage of the time. But what can you do when they just flat out lie about what happened?
First of all, don’t let it get to you. Most people feel outrage – not only did the other person cause an accident and mess up your life, they’re not even taking responsibility for it. But getting mad isn’t going to do you any good, and if you react in anger you might say or do something that jeopardizes your situation. When you stay in control of your emotions, you stay in the driver’s seat when it comes to your case.
Will Insurance Believe the Other Driver Over You?
Usually that anger is rooted in anxiety. You know what happened. You know they know what happened and that they’re lying to cover it up. But what about the insurance company you’re hoping will pay your doctor bills and to fix your vehicle? What if they believe the lie and not the truth?
Just like we deal with car accident situations every day, insurance companies do too. Unless you catch the insurance adjuster on his or her first day, it’s probably not the first time they’ve dealt with deception. While they would like to support any statement that gets them out of paying you money, they know people lie and that it all boils down to evidence.
It’s Not About Who is Lying
We don’t spend a lot of time and energy trying to figure out who is lying and who is telling the truth. We believe our client, then we set out to find evidence. It’s hard to support an untruth if it isn’t what really happened. Here’s what we look for when it comes to who should pay in an auto accident settlement.
- Duty of Care – Any time a person gets behind the wheel, he or she assumes responsibility for operating that vehicle in a way that keeps others safe. It’s understood that they’ll exercise care in every aspect of vehicle operation. The fact that both parties were driving establishes that they both have a duty of care.
- Breach of duty – If someone acts or fails to act according to that duty, it creates problems. For example, if the defendant was speeding or texting, or they failed to stop at a stop sign, they aren’t doing everything they can to drive responsibly and prevent accidents.
- Causation – A settlement claim seeks to identify the relationship between the breach of duty and the accident. For instance, we might use witness statements or police reports to help clients prove the other driver’s speeding caused the accident that wrecked their vehicle and caused their injuries.
- Damages – The last step is proving the accident led to loss. We’ll help submit evidence of lost wages, medical expenses, car repair bills and other physical, emotional and mental injuries.
Evidence That Helps When the Other Driver is Lying
We always counsel drivers to call the police right after an accident, even if the damage seems minor. Law enforcement officers are viewed by insurance adjusters as unbiased. Plus, they work wrecks all the time. Often when a driver is lying they see right through it, so it doesn’t even become an issue. It’s also helpful to take photos of the scene if you are able, and to get contact information from witnesses.
If you didn’t have a chance to gather evidence and the other driver is lying about the accident, we can still help. Contact us to set up a free consultation and let’s talk.