If the other driver at fault denies liability, you can file a legal claim and seek damages. You don’t need the driver to admit responsibility for a successful claim. When a driver denies liability, your South Carolina car accident lawyer must submit evidence and negotiate with the insurance company to prove liability.
Establishing how the accident happened is a critical element of proving liability. Car accidents are devastating, and having to deal with fighting about liability makes matters worse. Worry about your wounds and let a South Carolina car accident attorney handle the rest.
Will the Police Report Help Establish Fault?
While the other driver denies liability, the police report will provide critical evidence to prove which driver caused the accident. When police officers cite drivers for traffic infractions, it shows they bear liability for the accident.
Sometimes police will not cite anyone, but that doesn’t mean the police report is useless. The police report also shows how the officer believes the accident occurred and, therefore, liability.
These reports have details about the accident that are often overlooked. Your South Carolina car accident lawyers will review those overlooked details.
When Is the Other Driver Liable?
Some cases are cut and dry, and others are very complex. A rear-end accident is an example of when one driver is at fault. The rear driver is at fault in most rear-end crashes.
DUI collisions are another instance where liability is clear. The driver who is intoxicated is at fault because they choose to use substances when driving.
A left turn accident can be contentious, but when one person is traveling forward while another is making a left turn, the driver turning left is at fault. The left-turning driver will use excuses to blame you instead, but these are typically clear-cut cases.
What Are the Four Elements of Negligence?
When liability is in question, there are four elements to prove negligence. These elements are vital, and the first is establishing the duty of care, which shows the other driver owes you a duty to drive responsibly.
Next, the driver breached this duty by participating in dangerous actions and endangering others. Their negligent actions caused you to be in an accident. Lastly, you must prove you suffered damages from the accident that can be remedied by monetary compensation.
Is the Insurance Company on My Side?
The other driver’s insurance company is not on your side, and if the driver denies liability, they will side with them. Insurance adjusters will work diligently to find evidence that the driver is right.
When you speak to your insurance company, keep the conversation brief and do not agree to a recorded statement. You cannot trust either company. Talk to a local car accident lawyer instead.
Can the Other Insurance Company Deny Liability?
The other driver is denying liability. Their insurance company will do the same. They thrive on denying liability because they don’t have to pay you for your losses and can reject your claim outright.
What insurance companies cannot deny is solid proof of liability.
How Do I Prove Liability?
The insurance company cannot deny liability if there is viable evidence of liability. Gathering evidence that can sway the insurance company and potential jury in your favor is crucial. Our South Carolina car accident lawyers will collect and review witnesses’ accounts, police reports, driving systems, cell phone records, and photos.
We can also look at the road conditions and find maintenance reports. Dents and damage at the point of impact can help an accident reconstruction create a report. Damage to the vehicles detailed in repair reports can also help prove liability.
What Else Will a South Carolina Car Accident Lawyer Do for Me?
Evidence collection is one vital element that an experienced lawyer will do to help car accident victims, but they have many other ways to help. Their primary role is establishing liability for the crash and helping you seek fair compensation. Your lawyer can gather and organize your medical documents and present them convincingly to the insurance company and will also obtain the official police report and interview witnesses.
If the other driver had an underlying cause like a mechanical failure, we can consult mechanics and get service records. Weather is a contributing factor, and collecting weather reports for the date and time of the accident can help. When necessary to prove your claim, injury lawyers can hire expert witnesses to establish liability.
Negotiating with the insurance company is another essential aspect of insurance claims. Filing a lawsuit and preparing for trial is the final task your lawyer can offer you when negotiations are unsuccessful.
What Is the Statute of Limitations for South Carolina Accident Claims?
Moving quickly to file a claim is essential, especially when there are issues concerning liability. You will need as much time as possible to prove liability and work on these claims.
Unfortunately, there are also statutes of limitations regarding how long you have to file a claim. Accident victims have three years to file a car accident claim. It seems like a long time, but it is not when there are many legal aspects to consider.
What if the At-Fault Driver Doesn’t Have Insurance and Denies Liability?
When a driver does not have car insurance, you can file a claim through your insurance policy using your uninsured or underinsured motorist coverage. However, you can use this when the other driver is at fault, and if they deny liability, it can be challenging to tap into these benefits.
You should prove to the insurance company that the other driver is at-fault and doesn’t have sufficient insurance. These are very complex situations, and you must speak with a lawyer immediately.
Where Can I Find Legal Assistance?
After a car accident where the at-fault driver denies liability, you must find a South Carolina car accident lawyer ready to help you. The Shelly Leeke Law Firm is here to help injury victims facing liability disputes after a car accident. Schedule a free case review with our firm today.