You know the other driver caused the wreck that injured you. Maybe they ran a red light or changed lanes without checking their blind spots. When the police got to the scene, however, they insisted you were at fault because you were distracted or speeding.
A driver won’t necessarily avoid liability by lying – but the conflicting accounts can complicate the insurance claim, particularly in North Carolina. Because the state follows a strict contributory negligence rule, anyone who is found to be even 1% responsible for a car wreck is barred from recovering their losses. An insurance company may try to use the other driver’s story to get out of paying your claim.
The police report is useful – but not definitive
If the police cited the other driver for failure to control their vehicle or something similar, that could be helpful. However, even if the police report is incomplete or reflects inaccurate information provided by the other driver, additional evidence can be used to challenge the narrative. Other evidence that may be used to establish liability might include:
- Photographs of the vehicles, road and surrounding area
- Video from traffic, security or dashboard cameras
- Statements from passengers or independent witnesses
- Vehicle damage and the location of debris
- Skid marks and other evidence from the roadway
- Data recorded by the vehicles involved
- Cellphone records
- Medical records documenting the nature of the injuries
In a serious or heavily disputed accident, an accident reconstruction professional may be able to use the evidence to explain each vehicle’s movements before, during and after the crash. In addition, a driver who lies may have difficulty keeping their story straight, and their statements may not align with the objective facts. A skilled attorney can challenge their claims and highlight inconsistencies.
If you’re in a wreck and the other driver starts spinning falsehoods, don’t panic. Gather what evidence you can, such as photographs and contact information for witnesses. To best protect your interests, contact an attorney and let them do all the talking with the insurance company.