If you recently experienced a bad car accident in South Dakota, you’re probably trying to figure out how to pay for the hospital bills for any injuries you sustained and how to repair your car. Most people look to insurance companies for help. However, many insurance companies try to get away with underpayments by blaming claimants for causing the accident in the first place. If you disagree with the insurance company’s assessment of fault, it’s crucial to know how to dispute a car accident fault. A seasoned Watertown car accident lawyer from Turbak Law Office, P.C. can guide you on resolving a car accident fault.
Even when you were not the responsible party, the at-fault party’s insurance company may try to pin the incident on you to deny liability. In such instances, you must know how to fight for your rights and dispute car accident faults to claim the compensation you deserve.
Gather Evidence at the Accident Scene
If the insurance company starts to lean on you to accept responsibility for your accident, you must gather as much evidence as possible to substantiate your case and learn how to dispute a car accident fault.
Therefore, immediately following a major car accident, you must be able to minimize liability. Once you have ensured your safety and the safety of those involved in the incident, take photos of the vehicles, their positions after the accident, and any property damage to the cars.
If any witnesses saw the accident occur, get their contact information and statements, if possible. These statements can go a long way toward supporting your contention that the crash wasn’t your fault. If you can provide any written witness accounts to the insurance company or—if necessary—have the eyewitnesses testify in a courtroom scenario, their unbiased accounts can support your version of events.
Also, take note of any inclement weather, road conditions, and road hazards like a hairpin or blind turn where the accident occurred. The more evidence you gather, the clearer a picture you will paint for insurance adjusters, and the less room they will have to misinterpret any evidence in a way that makes it look like you were at fault.
Obtain a Copy of the Police Report
South Dakota law requires you to report your accident to the police if the incident resulted in injury, death, or more than $2,000 in property damage total. However, even if none of these conditions apply, you should still report the incident. The responding law enforcement officer will generate a police report containing the details of all parties involved in the crash and give the officer’s opinion about who was at fault.
Provide as many relevant details as possible to the investigating officer—the more thorough the police report, the better for your insurance claim.
Engage a South Dakota Car Accident Lawyer
When you’ve been injured in a car crash that wasn’t your fault, your best strategy is to engage a South Dakota lawyer with experience with your type of case to stand up to the insurance company and demand the compensation you need. Once you’ve engaged with an attorney, you can give them the following:
- The contact and insurance details of the other driver
- The evidence you gathered at the scene
- A copy of the police report
- Your detailed account of how the accident occurred
- Your medical records for the treatment of your injury
- Your receipts from all the expenses you’ve paid because of the injury so far
Your South Dakota Lawyer Will File a Claim
Your Watertown car accident lawyer will investigate the accident to gather additional evidence that the other party was at fault for the crash. Then, they’ll file a claim with the at-fault party’s insurer on your behalf. This filing will advise them that you believe their insured is at fault for the crash and that you expect their insurance policy to cover your losses.
Your South Dakota Attorney Will Handle the Insurance Adjuster
After your South Dakota lawyer files your claim, you’ll likely receive a call from the at-fault party’s insurance adjuster. Dealing with insurance adjusters after your accident can be challenging, but your attorney can guide you through the process. This person will request that you provide a recorded statement. You are under no obligation to do so. Insurance adjusters are skilled at asking questions that produce answers they can take out of context later and use to minimize or deny your claim. When the adjuster calls, refer them to your South Dakota attorney.
Your South Dakota attorney will also handle any settlement negotiations with the insurer to obtain a full and fair amount of compensation for your accident-related injuries and losses.
Your South Dakota Lawyer Can Challenge the Fault Determination
If the insurance company initially assigns you fault, your South Dakota car accident attorney can challenge this determination. They will provide detailed information showing that their insured is at fault and support that position with detailed evidence such as police reports, witness statements, and photographs from the scene.
If there is a legitimate dispute about who was at fault for the crash, your South Dakota lawyer may hire an accident reconstruction expert. This professional will analyze the accident in detail and provide an objective report of how the accident occurred. This will be strong evidence in your case.
Your Attorney Will Represent You in Court
Even when you and your lawyer have done all the appropriate due diligence and collected and provided evidence, the insurance adjuster may still make a lowball offer you or deny your claim altogether. In these cases, you may need to take your case to court.
In South Dakota, an injured person has only three years from the accident date to file a lawsuit against the at-fault party. Your lawyer will make sure you don’t miss this deadline. Filing after the statutory period lapses will result in your case being dismissed without a hearing.
Hire the Car Accident Attorneys at Turbak Law Office, P.C.
If the at-fault party’s insurance company lowballs or denies your claim after a car accident, you need to know how to dispute a car accident fault in order to receive the payout you deserve. The experienced and seasoned Watertown car accident attorneys at Turbak Law Office, P.C. can help. Let us gather all the available evidence, negotiate for you with insurance adjusters, and, if necessary, advocate for you in court. Call us at 605-886-8361 or fill out our online contact form for a free consultation today, and let us put you on the road to recovery.
We’ll evaluate your case and answer any questions you have about the process. You can also see results from the cases we handle and read testimonials from our clients. Learn more about our law firm and meet with our esteemed South Dakota attorneys.
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