What Happens if the Other Driver Lies About the Accident?

Jed Dietrich, Esq., Recognized as a Super Lawyer, is Committed to Providing Unparalleled Representation and Peerless Personal Injury Service. If You or a Loved One Has Been Injured in a Buffalo Car Crash or Upstate NY Accident That Was Not Your Fault, the Dietrich Law Firm P.C. Could Help You Investigate Your Collision and Begin Asserting Your Rights to a Fair Recovery.

You should not have to worry about paying bills after an accident.

Under New York’s no-fault rule, drivers typically have a right to claim compensation through their own insurance company. No-fault claims were designed to keep accident victims out of court, and they are supposed to pay benefits even if you were found partly or entirely at-fault for the crash. However, even the best policies come with hard limits. Once you exceed yours, you may have to take the other driver to court.

Filing a car accident lawsuit does not have to be hard, but it is not always straightforward, either.

Unlike the insurance company, the court cares about liability. You do not have to be blameless to sue another driver, but any finding of fault against you could come straight out of your settlement. In an ideal world, the legal system would help accident victims tell right from wrong. But litigation and the very real threat of financial liability sometimes bring out the worst in other people. If the person who caused your accident is not willing to admit they made a mistake, the burden of proof falls to you.

A lying defendant can turn a simple claim into a nightmare, but you do not have to accept bad excuses and blatant dishonesty in place of a fair and honest settlement.

A recognized U.S. News & World Report Best Law Firm, the Dietrich Law Firm P.C. has spent decades helping New Yorkers stand up to injustice. Since our founding in 2005, we have secured more than $300 million in damages money that our clients have used to eradicate medical debt, seek superior care, and begin rebuilding after a life-altering accident. We could help you, too. Please send us a message online or call us at 1-716-839-3939 to speak to a car accident lawyer and schedule your 100% free, no-obligation consultation as soon as possible.

Even a low-speed car accident can be expensive not just for you, but for the other driver, too.

If the other driver thinks that a lawsuit could send them into bankruptcy or send their insurance rates into the stratosphere, they may not be cooperative during the initial investigation. Mitigating loss is one of the most common reasons that defendants lie to personal injury lawyers, police officers, and judges.

No matter the reason, the law and common sense both say that the person who causes an accident is also responsible for its costs. Establishing liability is often easier said than done. You might know exactly what happened; the other driver might know exactly what happened; but the court does not. It is the job of the judge and jury to determine whose story and whose evidence is the most compelling.

Strong evidence could help you turn the tide, but even then, evidence that seems irrefutable can fall apart under scrutiny. A discrepancy in your timeline, grainy video footage, or unreliable eyewitness testimony could make the defendant’s claims seem credible.

You might know the other driver is lying, but it is your word against theirs.

Few things are more frustrating than hearing another person lie about the role they played in your accident. If you find out the at-fault driver is not telling the truth, getting angry is a normal instinct. You might want to confront them in person or send them a message on social media.

Losing your cool, however, is the last thing that you want to do before filing a lawsuit.

When it comes time to take your case to court, the judge probably would not know who is telling the truth, at least not at first. Preliminary evidence, like a police report or dash-cam video, might point to the other driver, but proving a claim typically involves meeting a high legal standard.

To win a car accident lawsuit, you may be required to establish all of the following:

1. The defendant owed you a duty of care;
2. The defendant breached their duty of care by acting negligently;
3. The defendant’s negligence was the direct cause of your accident;
4. You have sustained damages as the result of your injuries.

A dash-cam video or eyewitness could help prove that the defendant was negligent, but it might not say anything at all about the severity of your injuries and the extent of your damages.

Getting angry and reaching out to the other driver can, however, seriously hurt your claim.

Aside from potential legal trouble if the defendant thinks you are harassing or threatening them, they could try filing charges; you run the simple risk of saying something wrong. People frequently misremember small details about accidents. If you try to convince the other driver that you are telling the truth, there is a good chance your messages will end up in front of their defense lawyer, who will be very, very happy to twist your own words against you.

Small mistakes can come at the cost of your entire case, and you might not even realize you have made one until it is too late.

So how do you fill in the gaps and prove that your version of events is true?

More often than not, winning a lawsuit means coming to court prepared. In most cases, preparation begins long before the at-fault driver is ever served with a lawsuit. You can protect your rights by taking steps like:

Any record you have of the accident and your subsequent injuries could prove useful at any stage in the personal injury process. Back up pictures and video you have of the crash, write down eyewitness names and phone numbers, and keep all of your medical receipts, doctor’s notes, and referral notices. You might need a lawyer to help you obtain certain kinds of evidence like surveillance camera footage or a medical expert’s testimony, but you should not sit on what you already have.

New York’s no-fault rules do not always apply when you have suffered certain serious injuries.

If you have been diagnosed with a condition that could be considered a serious injury, you may be able to sue for damages far beyond what you would get through a standard claim.

Insurance companies, however, are for-profit businesses, and they are not always as interested in “right” and “wrong” as they are in “profit.” And there is nothing worse for continued profitability than having to pay big money to settle an expensive car insurance claim.

Consequently, many companies, big and small, will go to great lengths to wash their hands of liability, and they employ many underhanded tactics to accomplish it. Always play it safe when it comes to adjusters, and never agree to provide a recorded statement or sign a medical records release without first consulting an experienced NY car accident lawyer.

You stand your best chance at recovery with a battle-hardened attorney in your corner.

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.

Our highly experienced team of personal injury lawyers could help you:

1. Investigate the causes of your accident;
2. Assess your economic and non-economic damages;
3. Consult expert witnesses;
4. Interview lay witnesses and depose the at-fault driver;
5. Negotiate a settlement with the defendant’s insurance company or, if necessary, take your case all the way to trial.

Do not take chances with your rights: call Jed Dietrich, Esq., today at 1-716-839-3939 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 1-716-839-3939 so that our aggressive, tenacious, and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!