A car crash can become much more complicated when the other driver gives a different account of what happened. If you believe the other driver caused the accident, their denial can leave you wondering whether your claim will move forward or whether the disagreement will become a larger legal issue.
Here is what you can expect when the other driver disputes responsibility for the crash.
The insurance company investigates the dispute
The insurer will typically review both drivers’ accounts before deciding whether to accept responsibility for the crash. They may look at:
- The accident report
- Driver and witness statements
- Photographs or other media evidence
- Other available information
If their investigation and available information finds that you share some blame, that does not mean you automatically lose the chance to recover compensation. Ohio law generally still allows you to receive damages even if you are somewhat responsible, with the amount adjusted based on your percentage of fault.
Fault may require a more detailed investigation
When the available information does not resolve the disagreement, an accident reconstruction expert may help determine how the collision occurred. They analyze factors such as the vehicles, roadway and circumstances surrounding the crash before offering an opinion about what happened.
What they find becomes especially useful when you and the other driver provide conflicting accounts or when the circumstances make the cause of the crash difficult to establish.
The dispute may continue into a lawsuit
If the parties cannot agree on who was at fault, the issue may become part of a personal injury lawsuit. Both sides may present competing accounts of the accident, while witnesses and qualified experts provide testimony about what happened. At that point, determining fault becomes part of the court’s decision about whether you can recover compensation.
Protect your right to compensation
A dispute over fault does not automatically end your claim, but it can make resolving your injuries and losses more difficult. If the other driver’s denial prevents the claim from being resolved, reviewing the circumstances and available records with an attorney can help you understand what to do next.