What To Do If The Other Driver Denies Liability In A Car Crash?
According to the Michigan State Police, there were 282,640 traffic crashes in the state in 2021. These collisions injured 71,246 people, while 1,131 lost their lives. Few drivers admit to causing these accidents, and some deny liability outright. Car accidents can cause serious injuries that require expensive medical treatments and time away from work. Car repairs or replacement adds to the financial strain.
You may think you don’t have any options if the other driver denies liability, but the Mike Morse Law Firm can help. Our experienced car accident attorneys will fight to obtain fair compensation for your damages.
Why Is Determining Liability Necessary?
Michigan laws require licensed drivers to obtain personal injury protection insurance. These PIP policies pay certain expenses regardless of who is at fault. However, policy limits often don’t come close to covering all accident-related costs. You must prove that other parties caused your accident to seek further damages.
There is more than one guilty party in many car accidents. Michigan uses modified comparative negligence rules in these cases to determine who can seek damages and how much they can receive. Say that an investigation determines that you are 20% responsible for causing your accident. In that case, the responsible insurance company will reduce your compensation by 20%.
Accurately assigning fault is crucial in car accident claims. Your Mike Morse legal team will ensure that at-fault drivers are held accountable.
What If the At-Fault Driver Denies Liability?
If other drivers deny liability, their car insurance companies may deny your claim. You can do a few things to protect your right to compensation for your damages.
Call the Police
When law enforcement officers come to an auto accident scene, they will interview drivers and witnesses. They will include their findings in an official police report. These reports include their determination of who and what caused the accident.
You are entitled to a copy of this police report. Your car accident lawyer can get it for you if you prefer. Your legal team can use it as evidence if the other driver denies liability.
You can gather vital evidence at the accident scene using your phone. Take pictures or record videos of things like:
- Vehicle damages and placements
- Skid marks
- Conversations you have with others, including drivers, passengers and witnesses
- Potholes or other roadway damage
This evidence can provide irrefutable proof of how an accident happened, even when other drivers deny any responsibility.
Contact a Car Accident Lawyer
When you hire the Mike Morse Law Firm, we won’t let guilty drivers get away with denying their liability. We have the resources and know-how to perform an investigation that will prove the other driver’s fault.
Don’t Speak to Other Driver’s Insurance Companies
Insurance companies are contractually obligated to uphold policy terms, including paying valid claims, when policy owners pay their premiums. Unfortunately, insurance companies don’t want to pay compensation even when their drivers are responsible for causing an accident.
Insurance company representatives may pretend sympathy while using underhanded tactics to get you to admit fault. Even saying that you are sorry is sometimes construed as claiming responsibility. You may unknowingly damage your claim and reduce the compensation you can receive. When you hire the Mike Morse Law Firm, we will serve as your personal representatives, so you won’t need to speak to these people.
What Is Negligence?
Negligence is the basis for most personal injury claims, including car accidents. To prove negligence, your legal team will gather evidence to show that:
- The other driver owed you a duty of care
- They breached their duty of care
- This breach caused an accident
- You sustained injuries or suffered damages in that accident
Every driver has a legal duty of care to drive safely and reduce the risk of harming others. Driver negligence can take many forms, including:
- Failing to repair known vehicle issues like worn brakes or tires
- Driving with cracked windshield glass that limits visibility
- Not replacing burned-out headlights or taillights
- Ignoring safety recall notices
- Driver error
Your Mike Morse team will investigate the reasons for your crash to prove the other driver’s negligence.
What Is Driver Error?
Driver error causes the majority of car accidents. There are many kinds of driver error, including:
- Failing to follow traffic laws and speed limits
- Not yielding the right-of-way
- Improper merging
- Driving when intoxicated, fatigued or while taking mind-altering drugs (illegal, over-the-counter or prescription)
- Distracted driving
Many drivers seem to think that doing these things is acceptable or that they won’t cause a crash. Unfortunately, doing these things causes accidents daily.
What Is Distracted Driving?
You have probably heard of distracted driving but may not understand what the term means. When referring to driving, a distraction is anything that takes a driver’s hands away from the steering wheel or their eyes away from the road. Examples of distracted driving are:
- Hands-on use of phones or other electronic devices
- Interacting with passengers
- Looking at scenery
- Eating, drinking and smoking
- Putting on makeup or fixing hair
Doing any of these things while driving takes your focus away from traffic. Say that it takes you five seconds to read a text message. You may not realize how far you can travel in just five seconds. At 70 mph, you travel 513.5 feet or roughly the distance of 1.75 football fields.
A lot can happen while you’re covering that distance. For instance, another car may suddenly pull directly in front of you or an animal can jump into the road. Reading that text will likely delay your reaction time and might cause an otherwise-avoidable accident.
Will You Need To Go to Court?
Most car accident claims settle without a court trial. Your Mike Morse legal team knows what your case is worth and will negotiate with liable insurance companies to obtain a reasonable settlement offer. However, we won’t hesitate to take your case to trial if these companies don’t offer a fair settlement.
What Damages Are Available?
Each case is different, and compensation amounts vary. Your Mike Morse car accident lawyer will fight to get the maximum compensation you deserve.
You may receive reimbursement for economic damages like:
- Medical expenses
- Lost wages
- Replacement services
- Property damage
Keep your bills and receipts. In some cases, you might be eligible to seek future lost wages and medical costs.
You might qualify to seek non-economic damages for:
- PTSD, depression or anxiety
- Pain and suffering
- Losing your enjoyment of life
- Social or personal relationship damage
When the at-fault driver’s actions are intentional, malicious or reckless, you might obtain exemplary damages to compensate you further. Few cases qualify for exemplary damages.
Why Should You Hire the Mike Morse Law Firm?
As Michigan’s largest personal injury law firm, we have the resources to handle your car accident claim successfully. Founded in 1995, the Mike Morse Law Firm has won more than $1 billion for our clients. Although we have a large firm’s resources and negotiating power, you will always receive personal attention from your legal team.
Request your free case review to see how much your claim is worth and learn how the Mike Morse Law Firm can assist you. You won’t pay any fees until we win, and there is no obligation. Someone can speak to you 24/7, so there’s no need to wait. Call us at 855-MIKE-WINS or (855) 645-3946, use live chat, email us or complete our case evaluation request form.