As much as you were partly responsible for an accident, insurance adjusters should not heap unfair blame on you. In Washington, your level of fault directly impacts your recoverable compensation. The more liable you are, the less the damages you can recover.
Fortunately, you can dispute an unfair assignment of fault and ensure that your responsibility for the crash is assessed fairly. Here’s what to do.
Gather evidence in your support
Disputing fault involves challenging the initial findings that you believe were inaccurate. Start by collecting as much evidence as possible that can back up your version of events. Photos of damage to the vehicles, skid marks, traffic signs and weather conditions can help establish the circumstances of the crash.
Witness testimonies and police reports are equally important as they provide independent accounts that can corroborate your explanation of what happened. For complex accidents whose details are unclear, statements from accident reconstruction experts can help by giving a scientific opinion on speed, point of impact and which driver’s actions were unreasonable.
Notify the insurance company
Once you’ve gathered proper evidence, reach out to the insurance company and explain why you believe the fault determination was incorrect. Be clear, concise and stick to the facts. Don’t be guided by emotions. There may be negotiations, so you need to be ready to stand your ground and present a compelling argument.
Seek professional legal support
Insurance adjusters often push back when you challenge their fault decision. They may downplay your evidence, use confusing language or pressure you to accept a quick settlement, but don’t fall for such tactics. Remember, insurers are only protecting their interests, not yours.
Seeking early legal guidance can help you protect your rights and avoid being shortchanged or taken advantage of during the claims process.