What to Do If You’ve Been Blamed for a Crash That Wasn’t Your Fault

Even after a car accident that was another driver’s fault, insurance companies may try to shift some (or all) of the blame to you if there’s any doubt or gray area about what happened.

This can be frustrating and scary. You’ve suffered property damage and injuries, and now your insurance rates may go up as well—all because you’ve been blamed for a car accident that wasn’t your fault.

One of the best things you can do is call an experienced car accident lawyer as soon as possible so they can uncover evidence before it disappears. Be completely honest with your lawyer about how the accident happened, so that they can help you beat the blame game and recover the compensation you deserve.

How Does Car Accident Fault Work in Oklahoma?

After a car accident, the auto insurance company will investigate the crash to determine who was at fault.

This is because, in Oklahoma, the driver (or any other party) who was responsible for causing the crash as a result of their carelessness or negligence is responsible to pay any victims for their damages, usually through their insurance coverage. When the at-fault driver’s insurer has to pay out, that driver’s auto insurance premiums often go up as a result.

Oklahoma uses comparative negligence when multiple drivers are at fault in a car accident. This means that multiple drivers can be assigned a portion of the blame, often as a percent. If a jury finds you partially responsible for the car crash, then your compensation would be proportionally reduced. For example, if the other driver is 80% responsible and you are 20% responsible, then you will only be able to collect 80% of the damages from the car accident claim.

Furthermore, if you are found to be responsible for the accident by 51% or more, you cannot collect any damages from the other driver’s insurance company.

You can see, then, why an at-fault driver’s insurance company has a strong incentive to shift the blame. Even if they can argue you were 10 or 20 percent at fault, they can use that as leverage to negotiate a lower settlement.

RELATED: How Do Adjusters Determine Who Is at Fault in a Car Accident?

Take These Steps to Fight Unfair Blame

If another driver or insurance company is accusing you of causing a crash that wasn’t your fault, you will need evidence to support your version of the facts. An experienced car accident attorney can help you navigate this situation, since collecting evidence for car accident cases is an important part of their job.

You and your personal injury lawyer can take these steps to set the record straight so that you can receive fair compensation.

1. Never admit fault. Following an accident, never tell the other driver or the police that it was your fault. Even if you feel responsible, you may not know all the facts of the situation or what was going on with the other driver.
2. Document the accident scene. Taking photos and videos of the vehicles involved, as well as the surrounding environment, can help show what happened. An attorney can help with more sophisticated forms of gathering evidence, such as getting traffic cam footage, cell phone records, credit card statements, and more.
3. Get contact information for any eyewitnesses. Impartial witness statements of the accident can be invaluable for determining blame in a car accident case.
4. Ask an accident reconstruction expert. Your car accident attorney will undoubtedly have a trusted expert that they work with for accident reconstruction. Someone like this can objectively analyze the evidence and provide a credible report to help determine fault.
5. Request a copy of the police report. If you don’t agree with their findings, or have something you would like to add to the record, you have options. If there are factual errors and you can back up the correct facts with new evidence, you may be able to get the original report amended and corrected. And if you have more subjective disagreements, you can write up your own account and file it a supplemental report. We strongly recommend working with an experienced attorney if you wish to make corrections or additions to the police record.
6. Dispute your ticket. If you believe you were wrongfully ticketed for the car accident, you can dispute the ticket with the police department.
7. Dispute the insurance adjuster’s ruling. Call the insurance company and tell them you are disputing their decision. Follow it up with a letter detailing your dispute and the evidence you’ve collected. Or better yet, let your lawyer handle all the communication for you. They know how these insurance companies work, and how to negotiate on your behalf. They can help you avoid making any mistakes that may unintentionally hurt your case.
8. Calculate financial compensation correctly. Many people understand that repair costs and medical expenses should be accounted for in their insurance claims. However, an experienced personal injury attorney will help you recover damages including lost wages, emotional distress, the cost of future care for significant injuries, and more. Car accidents can be devastating, and the insurance claim settlement is meant to help make you whole.

When it comes to fighting with insurance adjusters, you are going to need all the evidence you can get. This can be extremely stressful and complicated, especially when you are recovering from injuries and trying to fix or replace your car. An attorney who specializes in auto accidents can fight the aggressive insurance company on your behalf, allowing you to focus on more important things.

RELATED: 10 Mistakes to Avoid After an Oklahoma Car Accident

If You’ve Been Unfairly Determined to be the At-Fault Driver, Call The Wolf Pack™ for Help

When you’ve been found to be at-fault in a car accident that was not your responsibility, trust an attorney with a proven track record to set things straight. The insurance companies are going to work hard to make sure they don’t have to pay you a dime, which is why you need someone who is going to work even harder to clear your name.

It’s time to call The Wolf Pack™ to gather critical evidence, consult experts and witnesses, and persuade the insurance company to treat you fairly. We will use our in-depth knowledge of the legal system to make sure you get the compensation you deserve.

For a free case review or information about your legal options following a crash, please give us a call at 405-218-9200 or fill out a free online form. Our lawyers have helped people just like you get the best results possible for their insurance claims.

The content provided here is for informational purposes only and should not be construed as legal advice on any subject.