The Accident Wasn't My Fault. So Why Am I Being Blamed?
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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Being Blamed for an Accident You Didn't Cause Is More Common Than You Think
It happens constantly. The other driver ran a red light. They rear-ended you. They were texting. And somehow, you're the one getting blamed. Their insurance is disputing fault. Maybe you even got a letter saying you're being sued. This page is for you.
How Fault Is Determined After a Car Accident in California
California uses a "pure comparative negligence" system. This means fault can be split between multiple parties — and even if you're found partially at fault, you can still recover compensation. Your damages are simply reduced by your percentage of fault.
Example: If you're found 20% at fault and your damages are $100,000, you still recover $80,000.
Nevada uses "modified comparative negligence" — you can recover as long as you're less than 51% at fault. If you're found 51% or more at fault in Nevada, you cannot recover.
What Insurance Companies Do When They Dispute Fault
Insurance adjusters are trained to find ways to shift blame onto you. Common tactics include:
- Asking for a recorded statement and using your words against you
- Claiming you were speeding, distracted, or not paying attention
- Pointing to minor traffic violations in your history
- Disputing the police report's account of events
- Offering a fast, lowball settlement before you know your full damages
The moment fault is disputed, you need legal representation. This is not the time to try to handle it yourself.
What Evidence Proves the Accident Wasn't Your Fault?
Strong evidence can shift the narrative. The most useful evidence in disputed fault cases includes:
- Police report — especially if the officer cited the other driver
- Traffic camera or dashcam footage — often decisive
- Witness statements — neutral third parties carry significant weight
- Photos of the scene — point of impact, skid marks, road conditions
- Accident reconstruction expert — used in serious cases to prove mechanics of the crash
- Cell phone records — can show the other driver was texting
- Medical records — document the nature and pattern of your injuries
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 — and the client ultimately recovered $420,000.
What If the Other Driver Is Suing You?
If you've been served with a lawsuit after an accident, don't panic — but don't wait either. Your auto insurance policy includes liability coverage that should provide you with legal defense. Contact your insurance company immediately and then contact a personal injury attorney to understand your rights and exposure.
At Mendez & Sanchez APC, we represent clients on both sides of disputed accident claims. We can evaluate your situation and tell you exactly where you stand.
Why You Should Not Handle a Disputed Fault Claim Alone
Insurance adjusters handle hundreds of claims per year. They know exactly what to say to minimize payouts and how to use your words against you. A personal injury attorney levels the playing field — and in disputed fault cases, the difference between having representation and not can be the difference between recovering nothing and recovering everything you're owed.