What happens if the other driver disputes who is at fault in the accident?
If another driver disputes who is at fault in an accident, there are several steps you can take to try to resolve the situation. Call the police to report the car accident so you can prove fault, even if there were no injuries. Document the accident and take pictures to prove you were not at fault.
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Scott W. Johnson
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Scott W Johnson is an independent insurance agent in California. Principal Broker and founder of Marindependent Insurance Services, Scott brings over 25 years of experience to his clients. His Five President’s Council awards prove he uses all he learned at Avocet, Sprint Nextel, and Farmers Insurance to the benefit of his clients. Scott quickly grasped the unique insurance requirements of his...
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UPDATED: Feb 13, 2024
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UPDATED: Feb 13, 2024
It’s all about you. We want to help you make the right coverage choices.
Advertiser Disclosure: We strive to help you make confident insurance decisions. Comparison shopping should be easy. We are not affiliated with any one insurance provider and cannot guarantee quotes from any single provider.
Our insurance industry partnerships don’t influence our content. Our opinions are our own. To compare quotes from many different insurance companies please enter your ZIP code on this page to use the free quote tool. The more quotes you compare, the more chances to save.
On This Page
- If the other driver disputes who is at fault in a car accident, call the police from the scene to report the crash
- Write down what happened to cause the car accident, and if you can, get written or video statements from eyewitnesses
- The other driver’s insurance company will still make a thorough investigation of what caused the accident
Being in a car accident can be extremely stressful on its own, let alone if the other driver denies any responsibility for the crash.
If this situation recently happened to you, you might understandably wonder “What happens if the other driver disputes who is at fault in the accident?” Keep reading to learn the answer to this question, including tips on how to correctly handle a car accident.
What To Do if the Other Driver Disputes Who Is at Fault in The Accident
Regardless of whether the other driver disputes who is at fault in the accident right after it happened or if the other driver initially said it was their fault, it is important to call the police to report the crash.
This way, you will have a formal report about the accident, including who was determined to be at fault, and you will have access to the other driver’s auto insurance information.
Even if the other driver apologizes and says they caused the crash, they might change their story later on. Having the police involved from the get-go will make it more difficult for the other driver to try to change their story.
Read more: At-Fault Accident: What is it and how is fault determined?
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Other Steps to Take if the Other Driver Disputes Who Is at Fault in the Accident
If there are any eyewitnesses to the car accident, ask them for their names and contact information, and for a statement about what they saw. Hopefully, they will cooperate, and their story will back up your assertion that the other driver was at fault.
If there were passengers in the other vehicle, see if you can get their statements as well, and let the responding police officer know that you have all of this information.
If the eyewitnesses are willing, you can use your smartphone to record what they are saying, as this will help ensure you have an accurate account of what they saw. Also, use the camera on your smartphone to take plenty of photos of the crash scene.
What to Do When the Other Driver Disputes Who Is at Fault in the Accident Days Later
Sometimes, a driver who initially admits fault will change their story in the days and weeks following the accident. If this happens, try not to panic. The police report should still help your case, and the other driver’s insurance company will still make a full investigation of what happened.
You can also stay in touch with your insurance agent, if you have one. Depending on which types of car insurance you have and your coverage, your own insurance company should also help you fight your case.
How Auto Insurance Can Help When the Other Driver Disputes Who Is at Fault in the Accident
Even if the other driver disputes who is at fault in the accident, you might not have to wait to get your vehicle repaired. If you have full coverage car insurance on your auto insurance policy, you can start getting the damage repaired.
Granted, you will have to cover your deductible until the case is settled, but if the other driver is found to be at fault, your insurance company will try to get this amount reimbursed from the other driver.
Case Studies: Disputing Fault in Car Accidents
Case Study 1: Police Report as Evidence
John was involved in a car accident where the other driver disputed who was at fault. He immediately called the police to report the accident and ensure an official police report was filed. The police report documented the details of the accident and assigned fault based on the available evidence.
With the police report as strong evidence, John was able to prove his case and hold the other driver accountable.
Case Study 2: Gathering Eyewitness Testimonies
Sarah found herself in a situation where the other driver denied fault in the car accident. She quickly realized the importance of gathering eyewitness testimonies. Sarah spoke with bystanders who witnessed the accident, obtained their names and contact information, and requested statements about what they saw.
Their accounts supported Sarah’s claim, providing crucial evidence to challenge the other driver’s dispute.
Case Study 3: Working With Insurance Companies
Mike faced a situation where the other driver disputed fault after admitting responsibility at the scene of the accident. He promptly reported the accident to his insurance company, providing them with the necessary details and the other driver’s admission of fault.
Mike’s insurance company conducted a thorough investigation, considering the initial admission of fault and any supporting evidence. In the end, Mike’s insurance company was able to determine fault accurately and handle the claim accordingly.
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Final Thoughts on What to Do When the Other Driver Disputes Who Is at Fault in the Accident
It can be distressing to have another driver deny being responsible for a car accident, especially when you know for sure they caused the fender bender. To make this process as easy as possible, be sure to call the police immediately after the accident.
Speak with eyewitnesses, take plenty of photos, and stay in close contact with your insurance agent, if you have one. They can also go over your car insurance coverage and advise you on when you can start taking your vehicle in for repair.
Frequently Asked Questions
What about when the other driver admits fault?
If the other driver admits an accident was their fault, make sure that the police note it in the police accident report. You could also ask the driver to call their insurance company and admit fault since that call will probably be recorded.
How does insurance work when it’s your fault?
Your insurance company will pay for your damages, minus your deductible.
Which insurance company denies the most claims?
Insurance companies that tend to deny the most claims include Allstate, Progressive, United Health, State Farm, Anthem, and Unum.
Are you looking for free insurance quotes?
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Scott W. Johnson
Licensed Insurance Agent
Scott W Johnson is an independent insurance agent in California. Principal Broker and founder of Marindependent Insurance Services, Scott brings over 25 years of experience to his clients. His Five President’s Council awards prove he uses all he learned at Avocet, Sprint Nextel, and Farmers Insurance to the benefit of his clients. Scott quickly grasped the unique insurance requirements of his...
Licensed Insurance Agent
Editorial Guidelines: We are a free online resource for anyone interested in learning more about insurance. Our goal is to be an objective, third-party resource for everything insurance related. We update our site regularly, and all content is reviewed by insurance experts.