Few things are more infuriating than being hurt in a car accident that you know was not your fault, and hearing the other driver lie. The driver might lie to the police, to the insurance company, or to you. They might lie about how the accident happened or try to blame you.
Lies of the At Fault Driver
Imagine being stopped at a red light at a busy Schaumburg intersection. In your rearview mirror, you see a speeding car that doesn’t look like it is going to stop. The next thing you know, you get rear-ended. The other driver jumps out, cell phone in hand, and apologizes profusely for “not having seen you”. You give your statement to the police & assume that the other guy gave his. Later, you find out that the other driver lied. They claim that you slammed on your breaks waiting for a family of ducks, causing the accident. All of a sudden, things have become a lot more complicated. And you are mad. Now what?
Unfortunately, variations of the above scenario do happen. These are common things that drivers might lie about after a car accident:
- Distracted driving
- Speeding
- Who arrived first at a stop sign
- Direction of travel
- Sudden Stops in rear end accidents
- Apologies or admissions made at the scene
- Fault in general
When things progress beyond two slightly different versions of the story caused by confusion, would you know what to do?
Your Word Against the Other Drivers’
Early on, it may be just your word against the word of the other driver. Insurance companies lose money every time they have to pay on a claim, and personal injury claims are expensive for them. When a claims adjuster hears anything that can help them to deny covering your claim, they will use it. After all, they have no reason not to trust what their own driver is telling them.
Role of the Police Report or Crash Report
The insurance company may also rely on the police report. The police report is based only on what the police officer is told & what they see.. The police report records what the police officer observed upon arrival at the scene, such damage to the cars, and also what they are told by drivers and witnesses. After all, the responding officer usually does not see the accident happen, which is why the police reports are not considered actual evidence in court. Still, if police reports are too damaging, it could be very hard to overcome. This is why most injury lawyers will need to see the police report before they can honestly assess your chances of success in a claim for personal injury. Sometimes the police report will be okay, and it is not until later that the other driver changes their story.
The Other Insurance Refuses to Pay
In the State of Illinois, the other driver’s insurance company only has to take responsibility for your injuries if their driver caused (or mostly caused) the accident. Maybe they were driving too fast, not following one or more of the rules of the road, failed to yield, ran a red light, etc. If the insurance company doesn’t think that their driver did anything wrong, or that you were the one to cause the accident, you will receive a denial letter early on, letting you know that they won’t be offering you a dime.
The Other Driver Lied! Now What?
The insurance company representative is not the judge. A denial letter from their insurance company does not have to be the end of the road, not by a long shot! Just because an insurance company says that they don’t have to pay your claim or that the accident was your fault, doesn’t make it true. A denial letter from the insurance company just means that there is more work to be done on your end, and that they are not going to make things easy. You are going to have to work hard to prove that you are legally entitled to be compensated. Don’t worry, this doesn’t necessarily mean that the case has to be decided in court, but often a lawsuit will be needed before the real facts can come out.
Once you hire an attorney, this signals to the insurance company that you are serious. It says “Hey, I am on the right side of the law, here” and that an experienced professional is willing to fight to that end for you. Insurance companies hate that. But it often will result in their taking another look at the case based on evidence that your lawyer presents to them, in a more formal way. Do not get discouraged if you feel like your version of the facts have been ignored or twisted. Stay calm and discuss what happened with your own lawyer.
Success in your car accident claim does not have to be your word against the word of the other driver. It is best if you also have other forms of evidence to back up your version of how the accident happened. Statements of anyone who witnessed the crash can be immensely helpful, as can pictures of the cars & the scene of the accident. Sometimes the other drivers’ version just doesn’t make any sense.
Call us to evaluate your position after the Car Crash
You should always tell the truth, which should go without saying. If the other driver’s version of events is different than yours and is based on a lie, your version may be ignored until the insurance company is forced to sit up and take notice. This is why it is critical to speak to a skilled injury attorney as soon as you can. If you were hurt in a car crash in Illinois that you know was not your fault and the other driver lied, call me. I’ll be happy to give you an honest assessment of your situation.