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What if the At-Fault Driver Lies About Their Role?

Atlantic City Car Accident Lawyers at the D’Amato Law Firm Help Injured Accident Victims

Car accidents are often stressful events.  Collecting compensation from insurance companies, having your car repaired, and recovering from injuries are just some of the difficulties you will likely face in the event of a car crash, even if it was not your fault.  Imagine how frustrating it would be if the driver who caused the accident lied about their role. 

Although New Jersey is a no-fault insurance state, it is still essential to determine who is liable.  No-fault insurance means that each driver in an accident would go to their own insurance company for compensation, regardless of who caused it. 

So, even though you would go to your own insurance company to cover your damages, you may face higher premiums if you caused the accident, and you may not be able to pursue further compensation if your injuries are severe enough or your damages exceed your insurance coverage.    

Money and avoiding liability are likely the main reasons an at-fault driver would lie about their role in a crash.  The at-fault driver may lie about:

  • Driving carelessly
  • Speeding
  • Being under the influence of drugs or alcohol
  • Running a red light
  • Breaking traffic laws
  • Following too closely
  • Texting or using the phone
  • Distracted driving

In most cases, a driver may lie to their insurance company about their role in the accident or pin the blame on the driver, likely to avoid liability for damages and higher insurance premiums. 

If the at-fault driver lies about the accident, it might lower the amount of compensation you would receive.  New Jersey is a comparative negligence state.  If you can pursue compensation through a lawsuit and not your insurance company (if your damages exceed your personal injury protection (PIP) amount), the court may decide that both drivers share responsibility. 

They will divide the responsibility by percentage, and if you are found to be over 50 percent responsible, then you will receive no compensation at all.  If you are found to be, for example, 30 percent responsible, your total damages are lowered by that amount.

Why Having a Lawyer Helps Your Accident Case?

Fortunately, having a car accident lawyer to handle your case will likely expose the other driver’s lie.  Most accident claims are straightforward, but you may need to pursue legal action if a driver lies.  A lawyer will help with this, giving you the advantage you need to cover your damages:

  • Experts: A lawyer can review your case with accident reconstruction experts to determine what happened.
  • Negligence: You need to prove that the other driver was negligent in their role in the car accident.  Evidence uncovered by a lawyer may find that the other driver breached their duty of care by driving in an unsafe manner. 
  • Advocate: A lawyer will advocate on your behalf, reviewing accident reports, photos, medical records, and other evidence to strengthen your case. 
  • Negotiate: A lawyer can also negotiate when the insurance company or other driver refuses to cover your damages, letting you focus on your recovery. 

Atlantic City Car Accident Lawyers at the D’Amato Law Firm Help Injured Accident Victims

If you have been injured in an accident and the at-fault driver lies about their role, contact our skilled Atlantic City car accident lawyers at the D’Amato Law Firm. Call us today at 609-926-3300 or fill out our online form for a free consultation.  Located in Egg Harbor Township, New Jersey, we serve clients in South Jersey, including Atlantic City, Linwood, Galloway Township, Cape May, Vineland, Millville, Bridgeton, Ocean City, and Woodbury.