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A car accident, no matter the severity of damage, is a stressful and often inconvenient situation. Between potential injury and medical bills to vehicle damages and loss of reliable transportation, many people find themselves overwhelmed with how to proceed in receiving the compensation they deserve. This can be particularly difficult if you are trying to prove that the other driver was at fault. It is important to know how to win a he said she said car accident dispute in case you or a loved one are involved in one of these accidents.
What Happens in a He Said She Said Car Accident?
In an accident involving two vehicles and two drivers, it can easily become one person’s word against another’s. This is also known as a “he said she said car accident.” Typically, in these instances, both drivers remember the accident differently. One might say a traffic light was green while the other says it was red.
Unless there is video evidence, it can be difficult to prove fault one way or the other without the help of an experienced car accident attorney to help you navigate the process.
The Difference Between a Fault State, No Fault-State, and Choice No Fault-State
How a lawyer approaches your case will depend on the specific laws of the state where the accident occurred. When it comes to car accidents, states are typically considered to be either “at-fault” (or tort) or “no-fault.” Proving fault in tort law means the injured party must prove another party liable before they can receive compensation. In no fault accident states, it is generally required that the injured person’s car insurance coverage pays for medical treatment and other out-of-pocket losses, regardless of who caused the accident.
While it might sound straightforward, this can be a difficult process to navigate, especially in certain states where the laws are not as clear. For example, those living in Pennsylvania might be wondering “Is Pennsylvania a no-fault state for car accidents?” The answer isn’t a simple yes or no because Pennsylvania is considered a “choice no-fault” state. This means drivers can essentially “opt-out” of the no-fault system when purchasing insurance. In case of an accident, drivers would want to contact a Pennsylvania injury lawyer to determine the best way to recover the maximum compensation given these unique laws.
How to Dispute a Car Accident Fault
When accidents turn into a he said she said argument, it is best for drivers to look beyond their own point of view to help build their case. If you are trying to prove the other driver was responsible for the crash or dispute the claim that the accident was your fault, you need to look at the following outside factors:
- Statements of neutral witnesses such as pedestrians (if there are any)
- Physical evidence including the cars and accident scene
- Police report (always call the police if you are in an accident that was not your fault)
A combination of these factors might be needed to help build a claim that you deserve proper compensation from the other driver.
How to Win a He Said She Said Car Accident Dispute
Rarely are he said she said car accident cases are clear cut. Besides navigating state laws and pulling information from outside factors such as witness statements, there are also always isolated situations that arise such as “Is a tire blowout an at-fault accident?” An experienced car accident attorney helps to navigate complex laws, gather necessary evidence and answer questions unique to your car accident.
Avrek Law is here to help. With more than 50 years of combined experience resolving cases in favor of clients who were wrongfully injured, Avrek Law has recovered more than $1 billion in compensation for injury victims in over 10,000 cases. Contact us for your free consultation to learn more!