After a car accident, you may make a claim with the other driver’s insurer. Insurance adjusters will investigate the wreck and decide fault when assessing a claim. Sometimes, they may try to shift more blame onto you than you deserve.
In these cases, a car accident lawyer can help prove you are not at fault in a car wreck. They can gather evidence, communicate with an insurer on your behalf, and seek compensation for your losses.
In This Article
North Carolina and South Carolina Require You to Prove You Are Not at Fault in a Car Accident
North Carolina and South Carolina are at-fault states, meaning you must seek compensation from the liable party’s insurer after a car crash. Additionally, both states bar victims from seeking compensation if they are more than 50% at fault for an accident. This requirement explains why proving you were not at fault for the wreck is so important.
A Lawyer Can Help Prove You Were Not at Fault in a Collision
Even if you are just filing an insurance claim, a car accident lawyer can help you through the process. They can handle the paperwork for you while you rest and recover. In addition, they can help gather various pieces of information that could establish that you were not at fault for the wreck. However, without a lawyer’s help, it may be challenging to obtain some of this evidence alone.
For example, a lawyer can investigate the wreck and gather the following:
- The official police report
- Traffic camera footage
- Dashcam footage
- Photos of the crash scene and property damage
- Eyewitness statements
A lawyer can also consult expert witnesses who can help prove you were not at fault for the wreck. For example, an accident reconstructionist can weigh in on what caused or contributed to the collision in the absence of other evidence.
A Lawyer Can Challenge an Insurer’s Determination of Fault
It’s not uncommon for an attorney to challenge an insurance adjuster’s determination of fault for a car wreck. An insurer may try to argue you were more to blame for the accident than you really were. This decision could result in a denied or undervalued claim.
However, your lawyer can step in and conduct an independent investigation. Then, they can present evidence showing you were not at fault—or as much at fault—for the wreck. They can advocate for you and fight for fair compensation.
You Can Help Prove You Were Not at Fault in a Car Accident
You can do a few things on your own to help your case for compensation. Consider the following do’s and don’ts when filing an insurance claim.
For a legal consultation, call 828.286.3866
Do Not Admit Fault to an Insurer
After filing an insurance claim, you may have to give the insurer a written or recorded statement. However, you might want to consult your car accident attorney before providing any statement.
Make sure you don’t admit fault during this statement. The best thing to do when describing the crash is to stick to the facts, such as the time and location of the wreck and the drivers and vehicles involved. In addition, avoid speculating on what caused the accident.
After giving this statement, your car accident lawyer can handle all communications with the liable party, their insurer, and their defense attorneys from then on.
Avoid Posting About Your Wreck on Social Media
Play it safe, and don’t discuss your accident case with anyone but your attorney. Additionally, do not post pictures of the crash scene, your property damage, or your injuries on any social media platform—even if your profile is private. Insurers may look into your accounts to gather information and evidence.
See a Doctor as Soon as Possible and Follow Through With Your Treatment Plan
Insurers might try to undervalue a claim by showing that a victim contributed to their losses. Thus, it’s essential to see a medical professional after a wreck and follow through with your prescribed treatment plan.
Your lawyer can use your medical records as evidence of your injuries. These documents also could link the liable party’s negligence and your damages.
We Can Help Prove You Were Not at Fault in a Car Accident
Insurance claims can become complicated. Litigation is even more difficult. However, you do not have to handle your case alone. Instead, our car accident lawyers can manage the legal process for you. First, they can investigate the wreck and gather evidence to show that you were not at fault. Then, they can identify the liable parties and seek what you deserve.
Call Farmer & Morris Law, PLLC, today for a free consultation. We can start immediately, building your case and fighting for fair compensation.
Call or text 828.286.3866 or complete a Case Evaluation form