Posted on behalf of Anderson Cummings on Feb 14, 2022 in Auto Accidents
Whether the at-fault driver lies to police at the scene of a crash or lies to the insurance company about the incident, you may have to take some steps to help protect the value of your claim.
One of the most important steps may be to work with a knowledgeable Fort Worth auto accident lawyer to help file a claim with the insurance company. Our attorneys are prepared to help gather the necessary evidence to build a strong case that may help rebut any lies the at-fault driver may be telling.
We offer a free consultation to discuss your legal options and do not charge you anything up front.
Why Would the At-Fault Driver Lie?
A driver who causes an accident may lie for several reasons - mostly to avoid liability for a crash he or she caused due to his or her negligent actions.
Some of the most common reasons drivers lie about crashes are because they were:
- Under the influence
An at-fault driver may try to pin the blame on you for an accident even though he or she was clearly the one in violation of traffic laws. For example, a driver who failed to yield the right of way to you while you were in a merge lane may say you cut him or her off.
Negligent drivers may even go as far as blaming defects in their vehicles, such as brake failure, to avoid liability.
What Should I Do if the At-Fault Driver is Lying?
If you know the driver who caused the crash is lying, it is best to stay calm and not argue with him or her. You do not know how someone may react to being called out on a lie. There are some steps you can take to help prove the other driver is lying, or at least have it noted on record that you believe he or she is not being honest.
Get the Police Involved
You should always call the police after an accident to file a report. This may allow you to provide a statement to the responding officer about your version of events.
If the at-fault driver tries to lie about driving under the influence, a field sobriety test may be conducted. This is something that would also go on a police report that may be referenced later during your case.
A police officer’s job is to conduct a preliminary investigation on the cause of the crash, as he or she is the one on scene immediately after the accident. If the at-fault driver tries to lie about how the accident happened, the officer may be able to contradict his or her story as an objective third party.
Remember that the truth does not change narratives, while lies are often bent to fit the narrative of the liar. Therefore, it is important to be consistent in your statements about what happened. The driver who is lying to avoid liability is likely to be more inconsistent with his or her statements to try to back up his or her version of events.
Consistency may be even more important when you speak to the insurance company to file a claim, as they are likely to ask you what happened on multiple occasions.
Get Witness Statements
Gathering statements from witnesses might also be helpful in proving that the other driver is lying about something. For example, if the at-fault driver is lying about running a traffic signal and there were other people to witness it. Statements from those witnesses may help contradict the claims of the at-fault driver, strengthening your claim.
Just as witness statements are important, so is evidence. You may be able to gather some of the evidence yourself at the scene by taking photos of vehicle damage and positioning as well as any traffic signs in the vicinity. This can probably help you if the at-fault driver makes a claim in direct contradiction of what is in your photos.
What if the At-Fault Driver Lies When I am Not Present?
If the driver who caused your crash does not lie at the scene of the accident and instead lies only to the insurance company, you may have even more options for proving these lies.
For one, the police report you filed should be more than enough, as police usually gather statements from both parties. If the driver tells the police the truth and then lies to the insurance company, it should be easily debunked thanks to the police report.
There are some cases when drivers fail to report accidents, they cause to their own insurance companies. If this happens, you may be able to file a third-party liability claim with that driver’s insurance.
If the driver has lied to the insurance company about how his or her vehicle was damaged, you may be required to show some additional information proving you were hit by the insured driver. This is common when a driver flees the scene of a crash to avoid having to admit fault. The driver may try to pass off damage to his or her vehicle by making up a lie and then persuading the insurance company to pay for repairs. However, insurance companies are not easily fooled.
Call an Experienced Attorney Today
If you suspect the at-driver is lying about what happened during the crash to avoid liability, you should give us a call today.
Our attorneys have over 50 years of combined experience helping injury victims like you recover maximum compensation.
The consultation is free and there are no upfront fees.
No fees unless we win. No risks to you. Call (817) 920-9000 today.