If another driver lied about what happened in a car accident that caused you to sustain serious injuries, you could claim through their insurer or you could file a lawsuit to pursue compensation for your damages, losses, and injuries.
You can work with an attorney to show what really happened in the accident, and you can also demonstrate the negligence of the other motorist.
What happens if the other driver lies about what took place in the auto accident?
Can You Sue Another Driver for Lying About a Car Accident?
If you are involved in a car crash caused by another motorist and they lie about what happened, you can sue them to recover compensation. Most personal injury cases can be settled out of court, though. Instead of suing the other driver, you can negotiate an out-of-court settlement with their insurer by proving the liability of their insured party.
While you could represent yourself, it is advisable to retain an experienced accident injury attorney on a contingency fee basis. This will strengthen your chances of getting a fair and reasonable settlement without costing you anything out of pocket.
What Are the Most Common Lies Drivers Tell to Deny Liability for an Accident?
In some types of auto accidents, it is challenging to deny liability – if you rear-end another vehicle, for instance.
There are other situations, though, where a driver who appears at fault may insist that they were not liable, even going to the lengths of lying to the insurance company about what happened in an attempt to escape blame.
Many negligent motorists lie about the following:
- Fatigued driving
- Driving under the influence of alcohol
- Driving under the influence of drugs
- Texting while driving
- Using the phone while driving
- Speeding
Sometimes, an at-fault driver will start arguing at the scene of the accident, proclaiming their innocence and potentially accusing you of causing the accident. Do not enter into a dialogue with the accident scene.
Instead, provide the attending police officer with your version of events and get prompt medical attention at the scene of the accident.
Additionally, document the accident scene or ask someone to do this for you if your injuries are severe. Photograph all damage to vehicles and surrounding structures and property. Take photos of the surrounding area as well as any debris on the road.
Get the insurance information of the other driver and the contact details of any witnesses to the accident.
Taking these steps will serve you better than needlessly arguing about liability with the other motorist.
When you are home and comfortable, write down what happened in the crash so you don’t forget any key details.
The next thing you should do is consult then retain an accident injury attorney.
How to Prove Negligence in a Car Accident Claim
As one party involved in a car wreck, it is your responsibility to prove the negligence of the other party you believe caused the accident.
To demonstrate liability, your attorney will guide you through a four-step process requiring evidentiary support.
- Duty of care: All motorists have a duty of care to other road users by driving with due care and attention.
- Duty of care was breached: You must supply facts demonstrating how the other party breached the duty of care owed to you and other road users. Did the other driver do anything to stop the accident from happening? Could they have taken an alternative course of action that would have prevented the collision? An attorney can help you show how the other driver was negligent.
- Causation: This is simply the cause and effect relationship: what did the other driver do to cause the accident? Even if this is not always immediately apparent, an experienced attorney can help you to gather specific data to prove your claim.
- Damages: You must also show what you have lost as a direct result of the accident. Your damages can be emotional, mental, and physical. Damages can be economic (medical expenses and lost wages) or non-economic (emotional pain and suffering). You will need supporting evidence for all of these damages.
What Role Does Evidence Play in a Car Accident Claim?
Evidence is key when proving your car accident case, particularly if the other driver is lying about what happened.
These are the core functions of evidence in your auto accident case:
- Proving damages: To receive compensation for your damages, you will need to provide proof of medical expenses, lost wages, car repairs, and any emotional trauma or distress suffered as a direct result of your accident injuries.
- Proving fault: You prove the other driver was at fault by demonstrating negligence, as outlined above. This can be especially challenging if the other driver is lying about what happened. An experienced attorney will use evidence to strengthen your claim and to prove the liability of the other motorist.
- Establishing fair compensation: By keeping all records and documentation related to your accident injuries, you will find it straightforward to negotiate the claims process. Your attorney can use this information to calculate a reasonable settlement.
What Types of Evidence Are Used in Car Accident Cases?
If you feel the other driver involved in your car accident is lying about what happened, here are the most common types of evidence you can use to demonstrate that they were at fault:
- Photos and video: If you have photographs of the wrecked vehicle and evidence of your injuries, an insurance company is much more likely to settle with you. Both photos and video of the accident and the immediate aftermath can be valuable evidence when looking to prove the liability of the other driver.
- Witness testimony: Third-party witness testimony can help to prove that the other driver is lying about what happened in the car accident. This will not only disprove a lying defendant but will also strengthen your credibility. Get the contact details of all witnesses at the accident scene so your attorney can follow up and obtain statements.
- Surveillance footage: Local homes and businesses near the accident scene may have captured footage of your car accident on security cameras. Your lawyer can approach homeowners and business owners to obtain a copy of this footage to use as evidence in your claim.
- Medical records: Retain all medical paperwork and all physical evidence related to your injuries, from prescription medications to braces or crutches.
- Police accident report: You should always contact law enforcement agencies after a car accident, even if it was a minor fender bender. A law enforcement official attending the scene of the accident is trained in assessing how accidents happen. Their testimony can add significant support to your version of what happened in the collision.
Pay stubs and work contracts: If you are claiming for lost income after an auto accident because you needed time off work, you will need your work contract and pay stubs to prove how much you lost due to your accident injuries.
If you have a pending case and need financial resources, contact Budget Car Accident Loans today for a free consultation by clicking here. We can have cash in your hands within 24 hours for approved cases.