What to Do if the Other Party Is Not Admitting Fault


Georgia is an at-fault car insurance state, which means that drivers are liable for accidents that they cause. This is why all drivers in Georgia are required to carry liability insurance, as explained by the Georgia Department of Revenue.

As such, there are often battles over fault after a crash. By blaming another driver for the crash, a negligent driver may be able to reduce liability, and perhaps even recover compensation from the victim’s insurance company.

However, it is not just drivers themselves who may deny fault in an accident or argue about what really caused the crash. Insurance adjusters do it, too. This is because showing that a claimant contributed to an accident saves an insurance company money. However, claims adjusters do not always get it right.

Proving Fault by Gathering Car Accident Evidence

If you are sure that the other driver in the crash was the one responsible for your accident, you will need to prove it. The best way to prove fault is to present convincing car accident evidence. Some key evidence that you can use to support your claim includes:

  • Witness statements. If there were any witnesses to your accident, get their names and contact information as soon as possible after a crash. If witnesses can testify that the other driver was indeed the cause of the accident, this may be enough to uphold your claim and help you to recover the compensation you need. However, make sure your witnesses are reliable and strong. For example, a friend or relative who was in the front seat of your vehicle at the time of crash will not be as credible of a witness as a person who does not know you or the other driver but witnessed the crash.
  • Video footage and pictures. If you have photographic or video evidence of how your crash occurred, and therefore who may be at fault, your insurance adjuster will have a hard time refuting this evidence. Sometimes, witnesses catch the accident on camera or take photos in the immediate aftermath. These photos may provide valuable clues as to how the accident happened. In other cases, nearby businesses’ security cameras may catch accidents on camera.
  • Accident reconstruction experts’ opinions. When fault cannot be established with the two types of evidence above – or these evidence types do not exist – accident reconstruction experts may be called upon. These experts collect all evidence relevant to a car crash and accident scene in order to construct a plausible explanation for how the crash occurred.

When You Need an Attorney to Fight for You

Fighting about who’s at fault after you have been injured in a car accident is the last thing that you want to have to deal with. Unfortunately, this is exactly what many car accident victims face.

If you need help proving fault and recovering the compensation that you need, schedule a free case consultation with the experienced Atlanta car accident attorneys at Millar & Mixon, LLC. Call or contact us online to get started on your case today.