Imagine being in a car accident in Wichita Falls, or anywhere else in Texas and Oklahoma, at no fault of your own, but the person who actually caused the accident is lying and saying it was your fault. What do you do then? Don’t worry. Our Wichita Falls car accident law firm is here to answer all your questions.
Lying Can Cause Your Wichita Falls Car Accident Claim to Be Denied
There are a number of different reasons why insurance adjusters might deny your claim after your Wichita Falls car accident, but one of the most common reasons is because the adjuster believes you are the one who caused the accident. Of course, for you this can be extremely frustrating. Often times after an accident, your life is turned upside down. Your car is wrecked so you’ve lost your means of transportation and you are in constant pain and agony from your injuries. Not to mention all the doctor’s visits and mounting medical bills. Add lost income on top of that due to not being able to work and you’ve got a recipe for a lot of negative emotions. All you want to do is get the help you deserve, since none of this was your fault, and your help is being denied because the liability adjuster is basing their decision on misinformation from the other driver, but you can’t. You might feel like you’re in a losing situation, but we promise there is a way out of this. Our Wichita Falls accident and injury law firm deals with these situations all the time, so we know how to handle them and how to get you the help and compensation you deserve.
It’s critical that you always remember that the insurance adjuster for the other person is NOT there to help, and they are NOT your friend. These insurance companies are in business to maximize profits and minimize claims. If there is any reason at all for them to deny your claim, especially if their own insured is telling them it’s your fault, they will do so.
Defining “Fault” in Texas & Oklahoma
Before we walk you through how to handle a situation where the at-fault driver is lying about your Wichita Falls accident and the insurance company is denying your claim, we need to establish what being “at-fault” means and why it is significant for car accident cases in both Texas and Oklahoma.
Both Texas and Oklahoma use a modified form of comparative fault when it comes to personal injury compensation. Comparative fault means that whatever percentage of fault you are determined to be at for your accident, your damages (compensation) is reduced according to that percentage. This is better illustrated through an example. Assume you are the plaintiff (the person bringing forth the claim/lawsuit) in a Wichita Falls car accident case and you are able to have a total recover of $100,000. If the jury determined that the defendant is 90% responsible for the accident and you are 10% responsible, you can recover $90,000 from the defendant. Likewise, if it is determined that the defendant is 60% at fault, and you are 40% to blame, you can recover $60,000. However, if it is determined that you are more than 50% responsible, you cannot receive anything for your accident and your injury claim is barred.
Three Things To Do If the Other Driver is Lying About Your Car Accident in Texas & Oklahoma
1. Stay Calm and Gather Evidence
We understand how frustrating it can be to be wronged and have the other person blatantly lie about it and turn the blame around on you. If you are in an accident and the other driver is attempting to lie at the scene of the accident or later changes their story, it’s important that you stay calm and don’t argue with them. In any accident situation, always remember that anything you say could be used against you later, especially if there is a police officer there who is taking statements. It is best practice to stick to facts, do NOT apologize for anything, and start gathering documentation and evident to support you and your claim. This means taking pictures and videos of the accident scene, both the vehicles, your injuries, collecting statements and contact information from witnesses, and obtaining an accident report.
2. Call The Police to Investigate and Get an Accident Report
If you are in a car accident, it’s best to have the police respond and make an official record of the incident. The investigating officer will talk to each person involved in the accident along with any witnesses and create an official report, which is called the accident or crash report. This accident report will contain a lot of useful information, including all statements, whether or not injuries were reported, whether or not medical treatment was sought, a diagram of the accident scene, and a breakdown of how the accident occurred. This information can be critical in refuting the inaccurate information the at-fault driver is giving to his insurance company. Because accident reports are law enforcement’s official record, insurance companies typically give them considerable weight and credit when determining liability. However, if the information within the report is inaccurate or not thorough enough, you should do your best to speak with the officer and correct it as soon as possible. Remember to be kind to the police officers. They are showing up after the fact and are getting a lot of different information.
3. Talk To a Wichita Falls Car Accident Lawyer
After you’ve gathered some of the important information discussed above, you should share that information with an experienced Wichita Falls car accident lawyer. It’s important that you are always completely honest and share all information about your accident with the attorney. When the at-fault driver has lied to their insurance company and to the investigating officer, it can be difficult to challenge those lies without the help of legal assistance from someone who has worked through these same kinds of issues over and over before.
Your attorney can help gather and present the evidence that supports your side of the story, whether that is to the insurance adjuster or to a jury in a trial. The strength of your claim is reliant on your credibility and honesty, so it’s important to be consistent in telling the facts and your side of the story, and to have the evidence to support it. The important thing is that an attorney can lift the burden of dealing with these things off your shoulders, and you can rest and focus on recovering from the accident, knowing your case is being handled by an expert.
Contact Our Wichita Falls Car Accident Lawyer
Although the three tips discussed above can help you if the other driver is lying about your accident, they do not guarantee success in handling your accident and injury claim. If the insurance company is denying your claim, you need to contact a personal injury attorney in Wichita Falls to help you. Our Wichita Falls car accident lawyer is licensed in both Texas and Oklahoma and we can help you fight for your case, set the record straight, and secure you the compensation you deserve.
Call us today at 940-569-4000 or fill out our contact form to set up a free, confidential, no obligation consultation. If you would like more information about personal injury claims, you can download our free book, The Traveler’s Guide to the Universe of Personal Injury. Whatever you decide to do, it’s important to take action as soon as possible. Do not wait or delay.