A car accident is stressful enough on its own; it only gets worse when the other driver starts pointing their finger at you. Whether they’re trying to dodge responsibility, avoid higher insurance premiums, or genuinely believe you were at fault, being blamed for an accident can feel frustrating and unfair, especially when you’re wrongly accused.
At Massey & Associates, P.C., we understand how difficult it can be to deal with a crash—especially when fault is disputed. Our Chattanooga-based attorneys have years of experience handling complex auto accident claims, gathering evidence, and standing up to insurance companies that unfairly try to shift the blame. In this post, we’ll share our best advice for what you should do if the other driver accuses you of causing the crash.
Why Do Drivers Shift Blame?
It’s not uncommon for drivers to blame others after an accident, even when they are the ones at fault. This blame-shifting can happen for several reasons, some intentional and others purely reactionary.
Car accidents put people in defensive positions. In many cases, drivers are acting out of fear—fear of legal consequences, insurance rate hikes, or even financial liability for damages. Many drivers will instinctively deny fault without fully understanding what just happened.
Other times, drivers knowingly shift the blame to avoid repercussions. If they were speeding, texting, or running a red light, admitting fault could lead to hefty fines, lawsuits, or even criminal charges.
Insurance companies also play a role in this dynamic—many drivers know that admitting fault could make their claim more difficult or even result in their provider refusing to cover damages. Unfortunately, these tactics can leave law-abiding drivers, like yourself, unfairly accused and struggling to prove innocence.
Essential Steps to Protect Yourself
The first thing you should remember is to stay calm. Don’t lash out, and don’t raise the emotional tenor of the situation. Instead, gather as much evidence as possible, and avoid making statements that could be used against you later.
Follow these critical steps as best as you can:
- Take Photos and Videos of the Scene: One of the strongest ways to prove what happened is through visual evidence. Capture clear pictures of vehicle damage, skid marks, traffic signals, road conditions, and any other relevant details. If possible, take videos that show the positioning of the vehicles before they’re moved.
- Get Witness Statements: If anyone saw the accident, ask for their contact information and a brief statement of what they observed. A third-party account can serve as a powerful piece of evidence if the other driver disputes your claim.
- Call the Police and Request a Report: Even in minor accidents, having an official police report can be crucial. Officers document facts, take statements, and may include their own assessment of fault. If the other driver is lying, their conflicting statements may be recorded in the report.
- Avoid Admitting Fault or Speculating: Stick to the facts when speaking with the other driver, police officers, and insurance representatives. Even a simple “I’m sorry” can be misinterpreted as an admission of guilt.
- Notify Your Insurance Company Immediately: Contact your insurer as soon as possible to report the accident. Provide them with the evidence you collected, including photos, witness statements, and the police report number.
- Seek Legal Guidance if Needed: If the other driver continues to blame you or their insurance company refuses to cooperate, consulting an experienced personal injury attorney can help protect your rights. A lawyer can review the evidence, communicate with insurers, and build a strong case to prove your innocence.
How Insurance Companies Handle Disputed Claims
When both drivers deny fault after an accident, insurance companies step in to determine liability. They rely on various forms of evidence, including police reports, witness statements, photos, and videos from the scene. Adjusters carefully analyze the damage to the vehicles, road conditions, and any available surveillance footage.
If both parties dispute fault, insurers may assign partial liability to each driver under Tennessee’s comparative negligence laws, meaning your compensation could be reduced based on your level of responsibility.
It’s important to remember that these insurance companies are businesses first, and their goal is to pay out as little as possible. If the other driver’s insurance company denies your claim or unfairly places blame on you, they might use recorded statements or misinterpretations of events to justify their decision. This is why we advise you to gather as much evidence as possible and then contact a lawyer. If your claim is being wrongfully disputed, an experienced personal injury lawyer can step in to negotiate on your behalf and fight for the compensation you deserve.
Protect Your Rights with Massey & Associates, P.C.
Car accidents raise people’s emotions. Sometimes, that causes frustrating and unfair disputes after an accident with clear liability. Documenting the scene, collecting evidence, and avoiding unnecessary discussions with the other driver are crucial in preventing false blame from affecting your case. Insurance companies rely on solid evidence, and by acting quickly, you can ensure that the truth is on your side.
At Massey & Associates, P.C., we understand the challenges that come with disputed accident claims, and we’re here to help. If you’re facing an unfair accusation or struggling to get the compensation you deserve, our experienced legal team will fight for your rights. Contact us today for a free consultation—we’ll handle the legal battle so you can focus on recovery.