The Other Driver Is Lying About The Accident
One of the most disheartening things to deal with is when the other driver is lying about the accident. If you’ve been in a car accident, unless you have witnesses, it will be your word against the other driver’s word. In some cases, the damage to the vehicles will help establish what happened. Additionally, this is why many drivers choose to leave the vehicles in their original position until the police offer arrives on the scene.
The Police Officer’s Narrative
The police officer is not there to assign fault. Generally, the officer will make a determination as to whether each driver is sober, or made a dangerous maneuver which caused the accident. However, the officer will usually speak with each driver alone. This means, you may not know the other driver’s version of the story until you see your Police Report.
The Police Report
The police report is where you’ll be able to see if the other driver is lying about the accident. Typically, the report will say “The driver of Unit 1 states…” and it will then lay out your version of the facts. In a separate paragraph, it will say “The driver of Unit 2 states…” and it will then lay out driver two’s version of the facts. If these versions are different from one another, you may have trouble recovering from the other driver’s insurance company even if you were not at fault.
But The Other Driver Is Lying About The Accident
Unfortunately, if the stories of each driver conflict with one another, the insurance companies will each take their driver’s side of the story to be true. This means even if the accident was not your fault, you will not be able to recover from the other driver’s insurance company. In the personal injury world, this type of dispute is commonly called a “He Said, She Said” accident. It results in a stalemate between insurance companies and each driver is encouraged to repair their own vehicle and put a claim in with their own insurance company. This is generally the result when you choose to proceed to settle without a personal injury lawyer.
What Are My Options?
If the other driver is lying about the accident, your only option is to threaten a lawsuit or file a lawsuit. The hope is that at some point during the process, the other driver will tell the truth. If a lawsuit is filed, the other driver will have to take a deposition under oath. If they lie during that deposition, they would be subject to a perjury charge. Your personal injury lawyer can often put enough pressure on the other side’s insurance company that they will choose to settle the claim even if their driver won’t change their story.
If there is video of the accident, or if there are any witnesses to the accident, the video or the witness testimony might make all the difference. Keep in mind, the testimony of your friends and family members will not be persuasive in this situation.
Speak With A Personal Injury Lawyer Today
If you’ve been in an accident, call us at 704.749.7747 or click for a FREE CASE EVALUATION. If the other driver is lying about the accident, we can help. We know you have choices. We hope you choose to Recover With Us.