What Happens If Neither Driver In A Car Accident Is At Fault?

Navigate traumatic experiences with expert legal guidance. Discover what to do when neither driver admits fault in a car accident.
Published:  October 10, 2023

Well, What Now?

Car accidents are a sudden and often traumatic experience. They can leave you not only physically injured but also grappling with a tangle of emotions and uncertainties. One of the most pressing questions that arise after a car accident is, "Who is at fault"? In numerous instances, the situation is quite straightforward, as one driver unmistakably bears the responsibility for the collision. However, life has a way of throwing curveballs and there are situations where neither driver is willing to admit fault, creating a perplexing scenario for all parties involved.

Imagine this: the screeching of tires, the sickening thud of metal meeting metal, and the shock that courses through your body as your car collides with another. In the aftermath, as you exchange information with the other driver and await the arrival of the police, neither party is willing to shoulder the blame. It's a frustrating and uncertain moment. Rest assured, when the dust settles and emotions begin to subside there are avenues available to address the damages you've incurred.

In this comprehensive guide, we will delve deep into the intricacies of what happens if neither driver in a car accident is willing to accept blame. We'll explore the steps you can take, the legal frameworks in place, and the importance of seeking legal counsel, all with the aim of shedding light on this often perplexing scenario.

The Mike Hostilo Law Firm - A man having a traumatic experience after a car accident.

Your Insurance Company

One avenue to pursue if you're in a car accident and no one admits fault is to contact your insurance company. They will conduct a thorough investigation, which includes reviewing the accident report and gathering evidence. If they determine that the other driver was at fault, they will seek compensation from that driver's insurance company.

This process can be complicated, as insurance companies often engage in extensive negotiations. It's important to have an attorney by your side to ensure that your rights are protected and that you receive fair compensation.

The Mike Hostilo Law Firm - A red car sits on top of an insurance claim form.

Other Driver's Insurance Company

Another option is to file a claim with the other driver's insurance company. They will also conduct an investigation into the facts of the case to determine if their policyholder had any responsibility for the accident.

However, when no one admits fault, insurance companies may try to shift blame to avoid paying claims. This is where having legal representation is crucial. Your attorney will handle all communication with the insurance company, protecting your interests and ensuring that you are not unfairly held responsible.

Personal Injury Lawsuit

If negotiations with insurance companies prove unfruitful, you can take the route of filing a personal injury lawsuit. This legal action allows you to seek compensation directly from the at-fault party.

In cases where neither driver admits fault, a personal injury lawsuit can become particularly complex. Your attorney will need to build a strong case by collecting evidence, interviewing witnesses, and presenting a compelling argument in court.

It's worth noting that if a defective vehicle caused your accident, you might have the option to sue the manufacturer. This avenue can lead to additional compensation for your damages, and your attorney will advise you on whether it applies to your case.

Pure Comparative Fault

Here in The States, we use a system called pure comparative fault to determine liability in car accidents. Under this system, more than one driver often shares responsibility for the accident or the injuries sustained. Pure comparative fault assigns a percentage of responsibility to each driver.

For instance, if you are found to be 20% at fault for the collision, your total compensation may be reduced by 20%. This system ensures that even if you were partially responsible for the accident, you can still seek compensation for the portion that was not your fault.

What to Do After a Car Accident

Being in a car accident where no one admits fault can be overwhelming, but here are some steps you should take:

Get Out of Traffic: If your vehicle is drivable, move it out of traffic to avoid further accidents. Ensure you are completely off the road to prevent additional hazards.

Assist Others: In the aftermath of an accident, several people might sustain injuries. If you are physically able, try to assist injured persons in your vehicle and others involved in the accident. At the very least, report the types of injuries to the police so they can dispatch appropriate first responders.

Call 911: It's crucial to contact the police yourself, even if you believe someone else may have already done so. Provide as much information as possible, including the number of vehicles involved, the types of injuries present, and the current traffic conditions. Police officers create official reports about the accident, which will be essential for your attorney's investigation.

Take Photos and Videos: Document the accident scene thoroughly. Capture images of injuries, vehicle damage, vehicle placement, skid marks, weather and road conditions, the time of day, and any other details that could later help investigators.

Record Witness Statements: Speak to witnesses and record their statements. Statements from witnesses can offer vital evidence in the event of a car accident where neither party acknowledges responsibility.

Note Contact Information: Collect contact information from other drivers, witnesses, and responding police officers. Having this information readily available can streamline the claims process.

Accept or Seek Medical Attention: Even if you don't believe you have severe injuries, allow medical personnel at the accident scene to examine you. In some cases, injuries may not be immediately apparent, and prompt medical attention is essential. Additionally, the medical examination provides a baseline for your physical condition immediately after the collision, which can be crucial for your personal injury claim.

Contact a Personal Injury Attorney: Do not delay in reaching out to a personal injury attorney. The sooner you contact Expert legal representation, the better equipped you will be to navigate the complexities of a car accident where the fault is disputed. Your attorney can guide you through the crucial initial steps, protect your rights, and provide valuable advice on how to proceed.

Preparation Is Key

Car accidents are often complex, especially when no one admits fault. However, there are avenues available for seeking compensation for your damages. Whether it's through your insurance company, the other driver's insurance, or a personal injury lawsuit, having the right legal representation can make all the difference.

If you find yourself in such a situation, remember, that you don't have to navigate it alone. The Mike Hostilo Law Firm is here to help you with all types of cases, helping you get the compensation you deserve. Don't hesitate to reach out to us for car accident-related consultations.

The Mike Hostilo Law Firm

33 Park of Commerce Blvd
Savannah, GA
(844) 203-9338

The Mike Hostilo Law Firm transparent logo
The Mike Hostilo Law Firm Footer Logo
© 2023 Michael G. Hostilo, LLC
All Rights Reserved.
Locations - South CarolinaBeaufort
Law Offices - AlabamaPhenix City
*"Contingent attorneys” "No fee unless you win or collect" and "You only pay us if we win your personal injury claim" fees refer only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.

Any result the lawyer or law firm may achieve on behalf of one client in one matter does not necessarily indicate similar results can be obtained for other clients.

Mike Hostilo is not licensed to practice law in South Carolina.
linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram
Share via
Copy link