When A Driver Lies After An Accident

New York law is clear.

If you or a loved one has been seriously injured in a car accident that was not your fault, you have a legal right to take action against the person or party who caused your crash. However, where your no-fault policy will often pay benefits without asking too many questions, the courts are another matter. Judges and juries care about liability, because liability determines who, if anyone, should have to pay your damages. This could be you, another driver, or somebody else altogether.

A lying defendant can make an already-difficult process more frustrating.

When Drivers Lie After An Accident

Drivers lie for many reasons.

Sometimes they are afraid that their insurance rates will soar if they tell the truth; maybe they think you will try going after their house or a child’s college fund. The excuses change from one case to the next, but dishonesty can make establishing the other driver’s liability a real challenge.

This is because personal injury claims have two components: one is practical, and the other is more theoretical. In general, successfully suing another driver requires that you establish that:

1. The at-fault driver owed you a duty of care;
2. The at-fault driver breached their duty of care by acting negligently;
3. The at-fault driver’s negligence was the cause of your accident;
4. Your accident resulted in a serious physical injury or injuries; and
5. You have sustained cognizable damages that can be compensated by a court.

You can sometimes count on a dash-cam recording or reliable eyewitness to help establish elements like negligence and causation, but you will still have to meet other requirements, like providing the court with a reasonable and accurate assessment of your damages. This is easier said than done; damages are a common sticking point in negotiations, particularly when large amounts of money are on the line.

3 Ways To Protect Your Rights When The Other Driver Would Not Tell The Truth

Winning a lawsuit often comes down to preparation, but you do not have to wait for your big day in court to start asserting your right to a fair recovery.  You can protect your rights by:

1. Protecting The Evidence You Already Have

Any photographs or video you have of the accident could prove useful in court. The same goes for physical evidence left over from the crash, such as torn or bloodied clothing. Most importantly, try to save any and all medical records you receive after the accident, including diagnostic reports, referrals, and receipts for paid co-pays and deductibles.

2. Keeping The Insurance Company at an Arm’s Length

New York’s no-fault rules do not always apply when you have suffered a serious injury and have the option of filing a personal injury lawsuit. Part of your settlement may be funded by insurance. Whether it is your own company or the other driver’s, it pays to keep adjusters at an arm’s length. Providing a recorded statement or signing a medical records release without consulting an attorney first can have massive repercussions later on, potentially costing you your claim or leading to an unfair finding of shared liability.

3. Speaking To a Lawyer As Soon As Possible

The Dietrich Law Firm P.C. has spent decades filing, fighting, and winning high-stakes car accident lawsuits. We have the results to prove it. Call Jed Dietrich, Esq., today at 716-839-3939 to speak to a car accident lawyer and find out how we could help you win your case.

Call the Dietrich Law Firm P.C. immediately at 716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!