After a serious accident, you might assume that insurance companies will objectively evaluate what happened and fairly compensate you for your injuries. Unfortunately, that is not always the case. In many situations, insurance companies attempt to shift responsibility onto the injured person in order to deny compensation or to make a reduced settlement offer.
Steven Titus is an experienced Sturgis accident attorney. If you were harmed by someone’s negligence, Steven Titus & Associates, P.C. is ready to investigate the accident to find out who is liable for your injuries. If the insurance company refuses to make a reasonable settlement offer, Steven Titus is always prepared to take your case to trial.
Why Insurance Companies Try to Shift Blame After an Accident
Insurance companies are businesses. Their goal is to minimize how much they pay out in claims. One of the most effective ways to reduce a payout is to argue that the injured person is partially or totally responsible for the accident. Even when the evidence appears straightforward, insurers may attempt to reinterpret the facts to limit their financial exposure
This strategy occurs in many types of claims, including:
- Car accident
- Semi-truck collisions
- Motorcycle crashes
- Bicycle accidents
- Workplace incidents
- Construction site injuries
- Slip and fall accidents
Common Tactics Insurance Companies Use to Blame Accident Victims
Insurance adjusters are trained to look for ways to dispute liability. Understanding these strategies can help accident victims recognize when a claim is being unfairly challenged.
Selectively Citing Police Reports
Police reports often contain valuable information about an accident. However, insurance companies may highlight portions of a report that support their argument while ignoring other evidence. Even when a police report does not clearly assign blame, insurers may try to interpret the report in a way that benefits their case.
Claiming the Victim Acted Negligently
Another common tactic is arguing that the injured person behaved negligently. For example, an insurer might claim that a victim of an automobile collision was speeding during the dispute or an apartment resident was not paying attention when a slip and fall accident occurred. These allegations may be exaggerated or unsupported by evidence.
Questioning the Severity of Injuries
Sometimes insurers attempt to downplay injuries as a way to suggest the accident was minor or that the victim’s behavior contributed to the incident. This tactic can complicate negotiations and delay compensation.
How Disputed Fault Affects Personal Injury Claims
When an insurance company disputes liability, it can significantly affect the outcome of a claim. Without strong evidence, these disputes can make it difficult for victims to recover compensation. When fault is disputed, it may lead to:
- Delays in compensation
- Reduced settlement offers
- Denial of claims
- Prolonged negotiations or litigation
Using Evidence to Challenge Insurance Company Allegations
Fighting back against an unfair fault allegation often requires strong evidence that clearly demonstrates what happened. Your attorney will collect several types of evidence to build a solid claim.
Accident Reports
Official reports created by law enforcement or workplace investigators often contain important details about how an accident occurred. These reports may include:
- Descriptions of the scene
- Statements from drivers or witnesses
- Observations about road conditions or hazards
Surveillance Footage
Video footage can be one of the most powerful forms of evidence in accident cases. Surveillance cameras from nearby buildings, traffic cameras, or dash cameras may capture key moments before and during the accident.
Witness Statements
Independent witnesses can provide valuable perspectives about what happened. Their statements may confirm details such as:
- The sequence of events leading up to the accident
- Traffic signals or signs
- Unsafe conditions on a property or job site
Medical Documentation
Medical records help demonstrate the extent of injuries and establish a timeline linking those injuries to the accident. They can also be used to connect the victim’s diagnosis, treatment, and ongoing symptoms directly to the incident in question.
Expert Analysis
In complex cases, experts may be called upon to analyze the evidence and determine how the accident occurred. For example, accident reconstruction specialists can evaluate vehicle damage, skid marks, and other physical evidence to determine fault.
Speak With a Trusted Accident Lawyer in Sturgis
If you were injured in an accident and the insurance company is trying to shift blame, Steven Titus & Associates, P.C. is ready to help. Our attorneys know how to investigate the accident, gather evidence, and challenge unfair accusations made by insurance companies.
Call (307) 257-7800 for a free consultation today.
Frequently Asked Questions About Fighting Back When the Insurance Company Tries to Blame You for an Accident
Why would an insurance company try to blame me for an accident?
Insurance companies sometimes attempt to shift responsibility onto the injured person because it can reduce or eliminate the amount they must pay in a claim. If the insurer can argue that you were partially or fully responsible for the accident, they may try to lower their settlement offers or deny compensation altogether.
What should I do if the insurance company says the accident was my fault?
If the insurance company claims you caused the accident, it is important to avoid making additional statements that could be misinterpreted. You should gather any evidence related to the accident and call Steven Titus & Associates, P.C. at (307) 257-7800.
What types of evidence can help prove I was not responsible for the accident?
Evidence may include police reports, photographs of the accident scene, surveillance or dash camera footage, witness statements, medical records, and expert analysis.
Should I speak with the insurance company before talking to a lawyer?
You will want to seek legal guidance before providing any statements about the accident to an insurance agent. An attorney can help ensure that your statements are not unfairly used against you.
How can a personal injury lawyer help when the insurance company disputes fault?
A lawyer can investigate the accident, collect evidence, consult with experts, and challenge the insurer’s arguments during negotiations or legal proceedings.