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The Insurance Company Says I’m at Fault for the Car Accident

Car accidents can be devastating, especially if you are a crash victim. You deserve fair and just compensation for your medical bills and other damages that the at-fault drive inflicted upon you. Imagine that you’re trying to recover from your injuries, and you receive a notice from the car insurance company that says you’re at fault for the accident. At first, you’re shocked—you were not at fault for the car accident. You were passing through a green light when the other driver hit from the opposite direction. But now, the insurance company is claiming that you were speeding, thus resulting in the accident. Being accused of fault and negligence can ruin your chances of earning compensation for your damages and increase your car insurance rates.

So what should you do if this happens to you? At Sawyer Injury Law, we are committed to serving clients and ensuring they receive compensation after a negligent driver has injured them. Contact us today to schedule your free consultation.

How is Fault Determined in a Car Accident?

There are many ways fault in a car accident can be determined. Once the police arrive at the accident scene, they will make an accident report. In the report, the officer will explain what happened based on evidence and the involved drivers’ accounts of the accident. A police report isn’t the final say on liability. Insurance companies—or in some cases, judges— will review the report to proving fault in a car accident. Typically, an insurance adjuster will decide who was at fault in the accident. They may review evidence, police reports, and witnesses’ accounts to assign responsibility. Negligence also plays a large part in determining fault. In some situations, the insurance company will assign fault to the most negligent driver.

Learning About Negligence Standards

Negligence refers to someone’s reckless actions, often resulting in injury or harm to another person. Each state follows a negligence standard, which is how the state defines negligence and assigns fault. Georgia is not a no-fault state when it comes to accidents. Instead, the state follows a modified comparative negligence model to determine compensation.

Modified Comparative Negligence

Finally, states that observe the modified comparative negligence standard will not allow you to receive an insurance payout if you were found 50% or 51% responsible for the car accident. If you are eligible for compensation, the amount you are owed will still be reduced by your percentage of fault for an accident. Georgia follows the modified negligence standard.

What to Do if the Insurance Company Says You’re at Fault

Even if you were the victim of a car accident, your insurance company or the other driver’s insurance company might say you’re at fault. This typically happens because the insurance company doesn’t want to pay for your damages. If this happens to you, avoid speaking to the insurance company before you hire a car accident lawyer. If an insurance adjuster calls you, politely decline to talk to them. Even though you are innocent, you may need a personal injury attorney to prove this. Without a lawyer, the insurance company will likely succeed in blaming you for the accident, which means you won’t receive compensation.

Here are some things you should NOT do if the insurance company says you’re at fault:

  • Do not admit fault
  • Do not speak to the insurance company
  • Do not post about the accident online

How Can a Car Accident Attorney Help?

Saying that the at-fault driver caused the accident is not enough to prove liability. That’s why you need an experienced car accident attorney to prove that the other driver caused your damages. A car accident lawyer will help you gather evidence from the car accident that proves fault and negligence. They can also speak to witnesses to improve your case. Finally, your lawyer can talk to the insurance company and negotiate a higher settlement amount to cover your damages. If the insurance company refuses to compensate you, your attorney can help you file a lawsuit and represent you in court. At Sawyer Injury Law, we are devoted to client care and success. Our legal team has the experience and resources with car accident cases to help you receive your desired case outcome. We will ensure that you earn the settlement you deserve, even if the insurance company claims you’re at fault for the accident.

If you’ve been in a car accident in Atlanta, Georgia, contact Sawyer Injury Law. Call us today to schedule your complimentary consultation.

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