If you’ve been in a car accident in Tennessee, dealing with the aftermath can be stressful. One of the most important things to establish is who was at fault for the crash. This determination affects everything from whose insurance pays for vehicle damage to whether you can recover compensation for your injuries. If the other driver’s insurance company tries to blame you for an accident you didn’t cause, you need to know how to dispute a car accident fault determination and protect your rights.
Why Fault Matters in a Car Accident
Tennessee is an at-fault state as car accidents in Tennessee hinge on driver fault. This means the driver who caused the crash (or their insurance company) is responsible for paying damages to the other party. The modified comparative negligence rule in Tennessee lets you recover damages, but the amount will be reduced depending on your percentage of fault in the accident. Under this rule, you can still recover compensation as long as you are less than 50 percent at fault for the accident.
For example, if you are 20 percent responsible for a crash and suffer $100,000 in losses, you can only recover $80,000 from the other driver. You can’t recover anything if you are 50 percent or more at fault. This is why insurance companies work so hard to pin the blame on the other party after an accident – it reduces the insurance rates. This means that how much they have to pay out lessens if the blame is attributable mostly to the at-fault driver.
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Steps to Take After an Accident to Prove Fault
To protect your right to compensation after an accident, you need to start building your case for the other driver’s fault immediately. Don’t know how to dispute a car accident fault? Here are the key steps to take:
- Call the Police – Always report an accident to law enforcement, even if it seems minor. The responding officer will create an official police report that includes their initial assessment of fault based on the evidence at the scene.
- Gather Evidence – Capture photos and videos of the damage to both vehicles and any hazards that may have contributed to the crash. Take photos of the accident scene such as skid marks, traffic signs, and signals. Get contact information for eyewitnesses who can attest to how the accident occurred.
- Exchange Info – Get the other driver’s name, contact information, insurance details, and license plate number. Stick to the facts when discussing the crash – don’t admit fault or apologize, as this can be used against you later.
- Seek Medical Care – Go to the doctor or hospital as soon as possible after the accident, even if you think your injuries are minor. Immediate medical treatment establishes a clear link between the crash and your injuries. Get documentation of medical bills and medical expenses related to pain and suffering.
- Notify Your Insurance Company – Report the accident to your auto insurer, even if you weren’t at fault. Provide basic facts about what happened, but consult a lawyer before giving a recorded statement.
By taking these steps, you can build a strong foundation and file a claim for your injury claim. However, you may still face an uphill battle if the other driver’s insurance company tries to deny liability. Sometimes, the insurer can shift blame onto you in the middle of the claims process.
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How to Dispute Fault for a Car Accident
If you disagree with the other driver’s version of events or their insurance adjuster’s liability decision, you have options. Some strategies for disputing fault and protecting your personal injury claim include:
- Highlight Favorable Evidence – Point out evidence from the police report, photos, or witness statements that support your side. If police cited the other driver for a traffic violation, be sure to emphasize this.
- Identify Inconsistencies – Look for discrepancies between the other driver’s statements and the physical evidence at the scene. If they claim you ran a red light, but the police report says otherwise, bring this to the adjuster’s attention.
- Never Accept Money – Don’t accept money or any checks from their insurer. Don’t accept anything from the other driver as soon as you talk to them. Don’t let the other driver pay you cash at the scene without speaking to a lawyer.
- Avoid Social Media – Don’t post about the accident or your injuries on social media, as this can give the insurer ammunition to challenge your claim.
Remember, insurance adjusters receive training to find ways to minimize payouts and shift blame onto accident victims. They may try to get you to accept a lowball settlement before you know the full extent of your injuries. They can also use a recorded statement against you accepting the initial settlement.
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If you’ve sustained injuries in an auto accident in the Memphis area, our law firm, Gatti, Keltner, Bienvenu & Montesi, is here to help. Our Memphis car accident attorneys know the tricks insurance companies use to deny liability. Our personal injury attorneys can fight back with strong evidence and arguments. Let our team of personal injury lawyers handle the stress of disputing fault while you focus on your recovery. Contact us online or call (901) 526-2126 today for a free consultation.
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Explained: Lawyer for Car Accident Insurance Claim
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February 21, 2025
