When you have been involved in a car accident and the other driver lies about their involvement in the crash, it’s critical to understand what you can do to safeguard your rights and interests. Please continue reading as we explore the steps you can take in the immediate aftermath of a collision to prove the other driver’s dishonesty and why working with a determined Bronx Car Accident Lawyer is in your best interest.
Why Do Motorists Lie About Their Involvement in a Crash?
When someone is injured through no fault of their own in New York, they are entitled to pursue legal action against the responsible party to recover compensation for their damages. However, before they can collect their award, they must satisfy the burden of proof. They must prove the other party’s negligence directly caused their injuries.
Unfortunately, after causing an accident, many drivers lie about what happened and try to shift the blame to avoid financial responsibility for the crash. Although insurance usually covers some of the damages based on your collision cover, the at-fault party can be held liable for any remaining losses if they exceed your policy limits. The key reasons why drivers might lie about a crash include, but are not limited to the following:
- Fear of financial burden
- Avoiding legal consequences
- Protecting their driving record
- Protecting their insurance rates
- Distortion of events
- Cognitive biases
- To avoid being dropped by their insurance company
- To minimize the compensation they are required to pay for injuries
It’s important to note that New York is a pure comparative negligence state. This legal doctrine allows an injured party to recover compensation even if they are partially at fault for an accident. However, the amount of compensation they can receive is reduced in proportion to their share of fault. For instance, if a person is 99% at fault, they can still receive 1% of the settlement. Proving fault is imperative as it ensures injured parties receive the full and fair compensation they are entitled to.
How Can I Protect My Accident Claim?
Regardless of the other driver’s reasons for lying about the crash, if they are being untruthful about what happened, you should maintain your composure. This will help you control the situation and effectively collect evidence from the accident scene. If you don’t need immediate medical attention, you should still visit a doctor and secure a copy of your medical records. This documentation can help prove the extent of your injuries and their connection to the accident.
The police at the scene will conduct a preliminary investigation and make a report detailing the event, including each driver’s account of what happened. You should obtain a copy of this report as it can help you refute any false claims the other driver makes. If anyone saw the accident, you should gather their contact information. Their testimony can support your version of the events and highlight inconsistencies in the other driver’s story.
Nevertheless, when you are faced with a dishonest or inconsistent party, it’s in your best interest to contact a dedicated lawyer from James Newman, P.C., who can provide the legal representation you need to protect your rights and secure compensation. Connect with our firm today to discuss your case.
