Should You Ever Admit Fault in a Car Accident?
Car accidents are an intense event for everyone involved. They happen very quickly and trigger a lot of emotions, from anger to guilt to fear. It can be a lot to deal with, and no matter your role in an accident, it might be tempting to admit that it was your fault just to move on from the situation quickly, not feel worse, or not make a huge fuss over what you perceive as nothing. But this raises an important question: should you ever admit fault in a car accident?
In simplest terms, the answer is that you should not admit fault before consulting with an attorney. It’s too easy to say things you don’t mean to other drivers, law enforcement, or insurance representatives, and in the heat of the moment, you might not fully understand everything that contributed to the accident. Admitting fault, whether it’s fact or not, could have legal repercussions. An attorney with your best interests in mind can help you navigate your particular situation.
Let’s take a closer look at the intricacies of fault and how it can relate to a car accident.
Why Fault in a Car Accident Matters
When you’re involved in an accident, it can be instinctive to want to know who’s to blame. But admitting fault is more than just your impression of the situation. Fault in a car accident is actually the legal term for the negligence or intentional action that is the cause of a car accident. When it comes to liability for bodily injury, property damage, and other losses related to an accident, fault determines who pays and how much.
It’s crucial to understand why admitting fault in a car accident matters greatly, even when it comes from a good place. You could end up causing more harm than good by admitting fault too early or saying something that isn’t true.
In most situations, admitting fault before all the facts are known can be damaging for your case down the line. There are two main reasons for this.
First, it could lead to an insurance claim against your policy. This may entail higher premiums or even cancellation of coverage if the information provided turns out to be inaccurate. Second, it can cause confusion among witnesses who may have seen the incident occur differently than you remember it happening now that they’ve heard “your version” of events.
How Fault Determines Damages
Fault can determine how much compensation an injured person receives from an insurance company. The more at fault you are for causing an accident, the more money your insurance company will pay to cover medical bills and other losses.
Insurance companies aim to pay out as little as possible, so if they have to pay more money than they would have otherwise because of your negligence, they’ll try to get back those costs from you through higher premiums or deductibles.
What the Law Hears When You Admit Fault
Before deciding whether to admit fault, it’s essential to understand what the law hears when you do so.
The most important reason not to admit fault when you’re not the sole driver at fault is that it can limit your legal rights. For example, if you admit fault and then decide later that you want to file a lawsuit against the other driver, the other driver’s insurance company may refuse to pay for your medical bills because they believe that you were at least partially responsible for causing the accident. If you had not admitted fault, then those bills may have been paid by the other driver’s insurance company.
In addition, by admitting fault, you may pay more in damages than necessary, or your insurance company might refuse to cover your costs because they see you as being responsible for the accident.
Consult a Lawyer Before Admitting Fault
Even if you think the accident is your fault, you should never admit fault before speaking with an attorney.
If you admit fault and it turns out it isn’t your fault, you could still be held liable for damages caused by the accident. This means that if you say something like, “I’m sorry,” or “I did it,” after an accident, it could be used against you in court when really the situation wasn’t so black and white.
Instead of admitting fault right away, give yourself time to process what happened and consult with an attorney before making any statements about who was at fault for the crash.
An experienced attorney, such as those at Warren Allen, can help guide you through the legal process when dealing with insurance companies or other parties involved in the accident. They can advise clients on their legal rights, look closely at the evidence available, help determine which parties are at fault, and represent your interests.
What If You Can’t Get Hold of a Lawyer Right Away?
If the police arrive at the scene and question you before you’ve had a chance to contact a lawyer, then you should do the following:
Stick to the Facts
The most important thing is to stick with the facts as much as possible. Don’t speculate about what happened or who did what. Say exactly what you know and leave any speculation out of your statements.
Avoid the Temptation to Blame Yourself
It’s tempting to blame yourself when someone else is injured or their car is damaged. However, it’s important not to rush into any admission of fault until after you’ve had time to consult with an attorney or insurance agent. Once again, you’re likely not the only person at fault, so you don’t want to dig yourself into a hole by admitting fault and allowing the other driver to place all blame on you.
Don’t Lie
Understandably, some people panic when they’re involved in an accident and don’t know what to do. They may lie about who was at fault to protect themselves from liability or legal action. But this is a terrible idea because it makes it impossible for insurance companies and lawyers to investigate the case properly. Explain the situation from exactly what you experienced so lawyers and investigators can handle the case properly.
If You’re in a Car Accident
If you are ever involved in a car accident, admitting fault may seem easier for everyone. However, there are many reasons why it’s never a good idea to admit fault until you have spoken with a lawyer. Instead, once you’ve ascertained if there are any serious injuries and called for necessary emergency assistance, there are some basic actions you should take right away.
First, get everyone’s contact and insurance information. Take photos of driver’s licenses and insurance cards. You’ll use these if there are any injuries or property damage that need to be reported to the police or insurance companies. Second, take photos of the scene from all angles so that you have evidence of what happened. This can help insurance companies, law enforcement, and legal representatives determine which parties are at fault in a car accident.
If you’re in the Portland, Oregon, area and would like to speak with a lawyer about your car accident, contact the professionals at Warren Allen. They can help ensure your interests are well-represented.
