How to Dispute Partial Fault

Personal Injury Lawyer

If you were injured in a car accident, you may have a right to a personal injury claim. If the other party was at fault and caused your injuries, they may owe you a settlement.

After a car accident, the other party may claim that you were partially at fault. In some states, this could completely derail your case. In other states, you may lose a percentage of your settlement for partial fault. If the insurance company ever claims that you were partially at fault, there are two things that you need to do.

Aggressively Fight the Claims

If the other party’s insurance company claims that you were at fault, you need to fight against all claims. Send a dispute letter to the insurance company with the information that is in dispute, why you don’t think the company is right and insert any evidence that proves your claim. When it comes to conversations between you and the insurance company, make sure that you keep copies of all of the emails.

Fight the Traffic Ticket

If you are given a traffic ticket following a car accident, do not admit guilt. If you admit guilt, then the insurance company can use it against you during your personal injury case. When you fight the traffic ticket, the state has to prove that you committed a violation. During the hearing, you can have your lawyer at your side to fight against the ticket.

You may be able to have the case dismissed if you agree to take a defensive driving class. In other cases, your case may be dismissed because the prosecutor does not want to spend the time or money proving the case.
While it is better not to admit guilt, your lawyer may also ask you to fight the ticket to force the police to investigate the accident more thoroughly. Not only will this potentially uncover more evidence, but it shows that you have a record of disputing fault.

In a personal injury claim, fault is one of the most difficult elements to prove. If you don’t believe that you were partially at fault, you need to dispute the claims as often as possible. In some states, if you were partially to blame, it will not change whether you are eligible for compensation. You can still seek a percentage of your medical bills and other losses. To find out more about proving fault, consult with a personal injury lawyer in Sebastian, FL, like from Tuttle Law, as soon as possible.