Immediately after a car accident, you may believe there is no question about who caused the crash.
The other driver may even apologize or admit that they made a mistake. Then the insurance claims process begins, and suddenly their version of events changes.
Now they claim you were speeding. They say you changed lanes. They insist they had the green light. In some cases, they may deny something they said at the scene entirely.
At Barghout Law Group, APC, we have seen how quickly a seemingly straightforward accident can become a disputed liability car accident claim. This is one reason we encourage accident victims to preserve as much evidence as possible immediately after a collision.
When two drivers tell different stories, the outcome should not simply depend on who tells their story more confidently. Photographs, witnesses, video footage, vehicle damage, police documentation, and other evidence can help establish what actually happened.
What Is a Disputed Liability Car Accident?
Liability refers to legal responsibility for an accident and the resulting damages.
In some accidents, responsibility is relatively clear. In others, the drivers, insurance companies, or attorneys disagree about how the collision occurred or who caused it.
A disputed liability claim may arise when:
- Both drivers claim the other caused the accident
- The other driver changes their story
- An insurance company denies that its insured was responsible
- The drivers disagree about a traffic signal
- The parties disagree about a lane change
- Speed is disputed
- Each driver is accused of contributing to the collision
A liability dispute can make recovering compensation more difficult because the insurance company may refuse to accept full responsibility for the accident.
That makes evidence extremely important.
Why Do Drivers Sometimes Change Their Stories?
There are many reasons accounts of an accident can differ.
A collision happens quickly. People can genuinely remember events differently, particularly during a stressful situation.
But we also see cases where someone’s account changes after they leave the scene or speak with their insurance company.
For example, a driver might initially say, “I’m sorry, I didn’t see you.”
Later, the same driver may claim the other vehicle was speeding and that the accident could not have been avoided.
This is why we tell accident victims not to assume that an apology or verbal admission at the scene will settle the issue of fault.
Document what happened.
If your physical condition allows, begin preserving evidence before everyone leaves the scene.
What Evidence Can Help Prove Who Caused a Car Accident?
Evidence can transform a case from one driver’s word against another into a claim supported by objective information.
The California DMV recommends exchanging driver, vehicle, registration, and insurance information after a collision. It also requires drivers to report certain collisions, including those involving injury or more than $1,000 in property damage, to the DMV within 10 days using an SR-1 report. The DMV notes that the SR-1 requirement is separate from reports made to police, the California Highway Patrol, or an insurance company.
When liability could be disputed, we recommend collecting as much information as reasonably possible.
Photographs and Videos of the Accident Scene
Nearly everyone carries a camera in their pocket.
Use it.
If you can safely do so, take photographs and video of:
- Both vehicles
- Damage to each vehicle
- License plates
- Where the vehicles came to rest
- The surrounding roadway
- Traffic lights
- Stop signs
- Lane markings
- Skid marks
- Debris
- Weather and road conditions
- Visible injuries
Do not limit yourself to close-up photographs of vehicle damage.
Wide photographs showing the entire intersection or roadway can provide valuable context about how the collision occurred.
Vehicle damage itself can also help establish the direction and location of an impact.
Witness Statements
Independent witnesses can become extremely important in a disputed liability car accident.
Imagine two drivers disagree about who had the green light.
If an independent witness saw the collision and can describe what happened, that testimony may provide important evidence supporting one driver’s account.
Get the witness’s name and contact information before leaving the scene if possible.
Do not assume the police or someone else will do it for you.
People leave. Memories fade. Phone numbers become difficult to locate.
Collecting witness information early can preserve evidence that may otherwise disappear.
Dash Cam Footage
One of the practical recommendations we give drivers is to consider using a dash camera.
A dash cam does not have a financial interest in the outcome of an insurance claim. It simply records what happened in front of the vehicle and, depending on the system, potentially behind it as well.
Dash cam footage may capture:
- Traffic signals
- Lane changes
- Speed-related context
- Sudden stops
- Vehicles entering an intersection
- The moments immediately before impact
When another driver changes their story, video can be powerful evidence.
If your vehicle has a dash cam, preserve the recording immediately. Do not assume the footage will remain stored indefinitely.
Surveillance Camera Footage
Your own vehicle is not the only possible source of video.
Look around the accident scene.
Nearby businesses, homes, parking lots, apartment complexes, gas stations, and other properties may have surveillance systems that captured the collision.
That footage may not exist forever.
Some systems automatically overwrite old recordings after a certain amount of time. Identifying potential cameras quickly gives your attorney a better opportunity to determine whether relevant footage exists and attempt to preserve it.
What If Police Do Not Prepare a Detailed Accident Report?
Many accident victims assume that law enforcement will investigate every collision and create a detailed report establishing who was responsible.
You should not rely on that assumption.
Depending on the circumstances and location of the collision, law enforcement may not respond in the way an accident victim expects or may not create the detailed documentation the victim hoped to receive.
This makes collecting your own information even more important.
If you are physically able to do so, document the accident scene and obtain the other driver’s:
- Name
- Contact information
- Driver’s license information
- License plate
- Insurance information
- Vehicle information
The California DMV specifically instructs drivers involved in collisions to exchange identifying, registration, and insurance information.
If anyone is injured, call 911 and prioritize medical attention.
It is also important to understand that reporting an accident to the DMV is separate from reporting it to law enforcement or an insurance company. California currently requires an SR-1 report within 10 days when someone is injured or killed or property damage exceeds $1,000.
Can You Recover Compensation If You Were Partially at Fault?
Yes, potentially.
California follows a comparative fault system.
This means being partially responsible for an accident does not necessarily prevent an injured person from recovering damages.
California’s Judicial Council civil jury instructions explain that when a plaintiff’s negligence contributes to the harm, the fact finder determines the percentage of responsibility attributable to the plaintiff and defendant. The plaintiff’s total damages are then reduced by the percentage of responsibility assigned to the plaintiff.
For example, consider an accident victim with $100,000 in damages who is found 20 percent responsible for the collision.
Under that simplified example, the damages would be reduced by 20 percent, resulting in $80,000.
Real cases can involve additional legal and factual issues, so this example should not be treated as a prediction of what would happen in any particular claim.
The important point is that being accused of partial fault is not the same as automatically losing your case.
Why Fault Percentages Matter
Because comparative fault can reduce compensation, there may be significant disagreement over percentages of responsibility.
An insurance company may argue that its driver bears only part of the blame.
Your evidence may tell a very different story.
That is another reason photographs, video footage, witnesses, and other objective evidence become so important when liability is disputed.
Be Careful With Recorded Statements When Fault Is Disputed
Recorded statements can become particularly important in disputed liability cases.
An insurance adjuster may ask detailed questions about:
- Your speed
- Where you were looking
- When you first saw the other vehicle
- Whether you applied your brakes
- What lane you were in
- What you said after the accident
You may not know the answer to every question.
Do not guess.
If you are uncertain about something, attempting to fill in the gaps can create a statement that later conflicts with physical evidence or another account.
Even innocent inconsistencies may be used to challenge your credibility.
Before giving a recorded statement to the other driver’s insurance company, consider speaking with an attorney about your rights and the potential consequences.
Your obligations when dealing with your own insurance carrier can differ depending on your policy and circumstances, which is another reason individualized legal advice can be important.
What If the Other Driver’s Insurance Company Says You Caused the Accident?
An insurance company’s liability decision is not necessarily the final word on what happened.
If the other driver’s insurer denies your claim or assigns substantial fault to you, the next step is to examine the evidence supporting that conclusion.
Ask what evidence exists.
Review the accident documentation.
Determine whether witnesses or video may contradict the other driver’s account.
A denied claim does not make missing evidence reappear, however. That is why building the case early is so important.
How an Attorney Can Help With a Disputed Liability Car Accident
When fault is disputed, our job is to help establish what actually happened using available evidence.
Depending on the circumstances, that can involve:
- Reviewing police documentation
- Examining accident scene photographs
- Obtaining witness statements
- Preserving surveillance footage
- Reviewing dash cam recordings
- Examining vehicle damage
- Communicating with insurance companies
- Challenging inaccurate allegations of fault
- Documenting injuries and financial losses
- Filing a lawsuit when necessary
The goal is to build a claim around evidence rather than allowing the case to become nothing more than one driver’s word against another.
Do Not Wait Until Important Evidence Disappears
Time matters when liability is disputed.
Surveillance footage can be overwritten. Vehicles can be repaired or sold. Witnesses become more difficult to locate. Memories become less precise.
If you were injured in an accident and the other driver is now blaming you, waiting to investigate can make an already complicated claim even harder.
Preserve the photographs and videos you already have. Save dash cam recordings. Keep copies of accident-related documents. Write down witness information. Continue appropriate medical treatment for your injuries.
Most importantly, do not assume that an insurance company’s accusation of fault automatically determines the outcome of your case.
At Barghout Law Group, APC, we help injured accident victims in Imperial Beach, Chula Vista, National City, throughout San Diego County, and across Southern California investigate disputed liability claims and protect their legal rights.
If another driver changed their story or their insurance company is blaming you for a collision, contact Barghout Law Group for a free consultation. We can review the evidence, explain your options, and help you determine the next steps in your personal injury claim.