What to Do After a Car Accident That Was Not Your Fault
Whether you've been injured in an accident, are dealing with a personal injury claim, or facing another legal issue, Mendez & Sanchez APC is here to fight for you. We handle a wide range of cases and focus on one thing: getting results. Our goal is to win the maximum compensation you deserve and help you get the justice you're owed in California or Nevada. Contact us today for a free, no-obligation consultation.
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If the accident was not your fault, you have the right to compensation for your medical bills, lost wages, and other losses, even if the other driver or their insurance company is blaming you. Do not accept a denial or a lowball offer. Here is what to do.
Do These Five Things Right Away
- Do not argue fault at the scene. Collect facts, not conclusions. Get the other driver's insurance and contact information, photograph the damage, and get witness names and numbers.
- Call 911. A police report is your strongest starting point. If the officer cites the other driver, that goes on record. Ask for the report number before you leave.
- Do not give a recorded statement to the other driver's insurance company. You are not required to. Tell them you will follow up after consulting a lawyer.
- See a doctor the same day or the next morning. Your medical record establishes what happened to your body and when. Do not delay.
- Contact a car accident attorney before you sign anything. Once you accept a settlement, it is final. An attorney makes sure you know what your case is worth first.
How Fault Is Determined in California
California uses "pure comparative negligence." That means fault can be split between multiple drivers, and you can still recover compensation even if you were partly at fault. Your damages are reduced by your percentage of fault.
Example: If your damages are $100,000 and you are found 20% at fault, you still recover $80,000.
This also means the other driver's insurance has every reason to try to pin some fault on you, even when you did nothing wrong. Reducing your percentage from 0% to 30% saves them a third of what they owe you.
What the Insurance Company Does When They Dispute Fault
Insurance adjusters are trained to shift blame. Common tactics include:
- Calling you quickly and asking for a recorded statement before you have a lawyer
- Suggesting you were speeding, distracted, or partially responsible
- Using anything you said at the scene against you
- Pointing to your driving history or prior claims
- Disputing the police report or downplaying witness statements
- Offering a fast settlement before you know the full extent of your injuries
Once fault is disputed, you are in an adversarial situation. The other driver's insurer has trained professionals working to reduce what they pay you. An attorney levels the playing field.
Evidence That Proves the Accident Was Not Your Fault
- Police report, particularly if the officer cited the other driver or documented their account of events
- Traffic camera or dashcam footage, often the single most decisive piece of evidence
- Witness statements, neutral third parties carry significant weight
- Photos of the scene, point of impact, skid marks, road conditions, final positions of the vehicles
- Cell phone records, can show the other driver was on their phone
- Medical records, the injury pattern can confirm the mechanics of the crash
- Accident reconstruction expert, used in serious or disputed cases
An attorney gathers and preserves this evidence before it disappears. Dashcam footage gets overwritten. Surveillance cameras get erased. Witnesses become harder to reach. The earlier you call, the more evidence can be saved.
Case Example: Disputed Fault, Clear Outcome
A client was T-boned at an intersection in Los Angeles. The other driver claimed our client ran the red light. The insurance company initially denied the claim entirely. Our team obtained traffic camera footage from the city that showed the other driver ran the red light. The client ultimately recovered $420,000.
What If the Other Driver Is Suing You?
If you have been served with a lawsuit after an accident, contact your auto insurance company right away. Your liability coverage should provide you with a legal defense attorney at no cost to you. Then speak with a personal injury attorney separately to understand your rights and any gaps in your coverage.
Being sued does not mean you are at fault. An attorney can investigate the facts and fight the claim on your behalf.
Under California Law, the Burden Can Shift
Certain types of accidents create a legal presumption of fault against the other driver. Rear-end collisions, left-turn crashes, and accidents where the other driver received a citation are situations where the burden falls on them to show they were not negligent. An attorney knows how to use these legal presumptions to your advantage in negotiations and in court.
Why You Should Not Handle a Disputed Fault Claim Alone
Insurance adjusters work hundreds of claims a year. They know what to say to minimize payouts and what questions to ask to get you to say something that hurts your case. A personal injury attorney knows the same playbook and knows how to counter it. In disputed fault cases, the difference between having representation and not is often the difference between recovering your full damages and recovering nothing.
Mendez & Sanchez APC handles disputed fault cases across Los Angeles and Southern California. Consultations are free. We work on contingency.
Frequently Asked Questions
The other driver is saying the accident was my fault but it wasn't, what do I do?
Do not argue with them at the scene. Gather evidence: take photos, get witness contact information, and make sure a police report is filed. Do not give a recorded statement to the other driver's insurance company without speaking to an attorney first. Contact Mendez & Sanchez APC for a free consultation, we investigate disputed fault claims regularly.
The insurance company is blaming me for the accident. Can they just do that?
Yes, insurance companies can dispute fault, but their determination is not final. An attorney can challenge it by gathering evidence, obtaining camera footage, securing witness statements, and bringing in accident reconstruction experts. Insurance adjusters are not neutral; they work to minimize payouts.
Can I still get money if I was a little bit at fault for the accident?
Yes. California follows pure comparative negligence, you can recover even if you are partially at fault. Your compensation is reduced by your percentage of fault. For example, if you are 25% at fault and your damages are $100,000, you still recover $75,000. In Nevada, you can recover as long as you are less than 51% at fault.
The other driver got a lawyer and now I'm being sued. What happens now?
Contact your auto insurance company immediately, your liability coverage should provide you with legal defense. Then speak with a personal injury attorney to understand your rights and potential exposure. Being sued does not mean you are automatically responsible; an attorney can fight the claim on your behalf.
Someone hit me but they're claiming I cut them off. Who decides who's right?
Ultimately, fault is determined by evidence, police reports, camera footage, witness statements, and physical evidence at the scene. If the case goes to court, a judge or jury decides. An experienced attorney builds the evidence record that supports your version of events.
What evidence do I need to prove the accident wasn't my fault?
The strongest evidence includes: the police report (especially if the officer cited the other driver), traffic or dashcam footage, photos of the scene showing point of impact, witness statements, and medical records showing the injury pattern consistent with your account of the crash. Your attorney will gather and preserve this evidence.
Do I need a lawyer if the other driver is blaming me for the accident?
Yes. Once fault is disputed, you are in an adversarial situation, the other driver's insurance has trained adjusters working against you. An attorney levels the playing field, protects you from making statements that can hurt your case, and builds the evidence needed to prove what actually happened.