You may have slightly contributed to a crash, only to find yourself carrying most or all of the blame when pursuing compensation. This can feel frustrating and unfair, especially given the impact it may have on your ability to recover damages.
Under Connecticut negligence law, your percentage of fault determines whether you can pursue a car accident claim against the other party involved and the compensation you might receive. You can only file a claim if you’re 50% or less to blame for the accident. Additionally, your degree of responsibility will reduce the payout.
That’s why it’s important to speak up and challenge an unfair assignment of fault. Accepting things as they are can cost you your right to recover a fair settlement for the harm and losses you suffered. Here’s what you need to do.
Gather supporting evidence
You’ll need more than just your word when disputing the insurer’s initial findings. Collect as much evidence as possible to back up your account of what transpired and challenge their conclusions.
Photos of the accident scene, damage to the vehicles, skid marks, the police report of the crash and witness testimonies can help provide crucial context. You can even present expert opinions from accident reconstruction professionals if the circumstances of the accident are unclear.
Know your rights
The insurance company may agree to review an incorrect fault assignment if you present solid evidence, but it’s not always the case. If you’re stuck in endless negotiations without meaningful progress or the insurer continues to dismiss your case, you don’t have to accept their decision as final.
Seeking early legal guidance can help you protect your interests and explore other options that can offer you a better chance of achieving a fair outcome, such as mediation or litigation.
