If the other driver in a car accident denies liability, you can demand that the driver show you the proof to back up this assertion. More likely than not, the driver’s auto insurance company is behind the denial of liability.
Insurers will do whatever they can to avoid paying a settlement, especially if an accident involves serious injuries and significant property damage. There are a variety of situations that warrant hiring a car accident lawyer, and this could be one.
If the Other Driver Ignores a Request for Proof
You can contact your own auto insurance company about the matter. Your insurer may pursue reimbursement for you—but only if your insurer believes that you were not at fault for the crash. Otherwise, you may have to prove the other driver’s liability on your own.
Proving Liability by Using a Police Report
You can use a police report as evidence only if the report states that the other driver caused the accident. For example, in impaired driving cases where police have proof that a drunk driver caused a crash or where a driver admits to causing the accident a police report is crucial. Once you prove liability, you can get reimbursed for losses related to your car accident.
However, if the police report only contains a narrative of the accident and does not state that the other driver caused the crash, you cannot use the report to prove liability.
If there is No Proof of Liability
If your medical expenses and car repair bills are piling up, you may want to speak to a lawyer who specializes in car accident cases. An experienced car accident lawyer has the resources to investigate your case and get the evidence you need to prove liability against the other driver.
At the Law Offices of Ogle, Elrod & Baril, PLLC, our lawyers have years of experience proving liability in car accident cases. We also handle disputes with insurance companies, especially over settling the amount of a personal injury claim. We strive to get our clients the compensation they deserve for their damages.
Important Evidence to Collect
A lawyer collects a variety of evidence that may include:
- Photographs of the accident scene
- Photos that you may have taken of your injuries
- Medical records that show the severity of an accident victim’s injuries
- Eyewitness testimony can also be evidence
Additionally, a lawyer can obtain access to a nearby surveillance video or traffic camera video that shows how the crash happened. To further strengthen your claim, your lawyer may have medical experts review your medical records and give their opinion about your medical condition.
Your lawyer will discuss with you the type of evidence you need to prove liability based on the circumstances of your accident.
How Evidence Helps If the Driver Denies Liability
Your lawyer knows how to use this—and other evidence—to hold the other driver responsible for your damages—regardless of whether the driver denies liability. Tennessee law requires us to prove four elements of negligence:
- Duty of care: The other driver owed you a legal obligation to avoid causing you harm
- Breach of duty: The other driver breached this duty of care
- Causation:The other driver’s negligent actions caused an accident
- Damages: You suffered physical injuries and property damage because of the crash
We know how to use the evidence we collect to prove negligence so you can receive compensation for your accident-related damages.
Compensation for Your Car Accident
The at-fault driver or the driver’s insurance company can present proof to dispute your evidence or settle your claim. If you have not yet filed a claim, your attorney can file the claim on your behalf and negotiate a fair settlement for your damages.
The amount of compensation you receive depends on the damages you sustained and the severity of your injuries. For instance, your claim increases in value if you have a permanent or long-term injury such as a spinal cord injury, an amputation of your limbs or fingers, or a traumatic brain injury. Your Tennessee motor vehicle accident attorney can provide an estimate of the value of your case.
Generally, for a car accident, you can recover compensation for:
- Medical bills
- In-home healthcare
- Lost wages
- Loss of earning capacity
- Pain and suffering
Help Getting the Compensation You Deserve for Your Injury Accident
The Law Offices of Ogle, Elrod & Baril, PLLC, can help you establish liability so you can recover the compensation you are entitled to for your accident.
Call us at 1-865-546-1111 for a free, no-obligation case evaluation with one of our car accident lawyers. We work on a contingency basis which means you do not pay us unless we win your case.