If you were injured in a car accident and the other driver lied about the actions that caused the crash, you need a personal injury lawyer to advocate for you. Your lawyer can investigate the accident. Gather evidence to establish the other driver’s liability. Then demand compensation for your injuries. Moreover, they can handle all conversations with the lying at-fault driver and their insurer so that you don’t have to engage in a you-said, they-said argument yourself.
Can You Sue Someone for Lying About a Car Accident?
While you cannot sue someone for lying about the car accident, you can sue them for causing it. You do this using evidence to demonstrate that they were not being truthful about the circumstances and were, in fact, at fault for the crash. An experienced personal injury lawyer who routinely handles car accidents can assist you in the legal process after an accident.
Your lawyer will review the facts and circumstances of the accident. They will speak to witnesses, analyze photographs and medical records, and review the police report. They will evaluate the liability of all parties involved in the accident. If they determine that the other driver was at fault for the accident, regardless of their false testimony, they will likely first file a claim with that driver’s insurance provider.
Upon receipt of your claim, the insurance company will investigate the accident separately. They may require a statement from you and the other drivers involved. Even if the alleged negligent driver is lying about the accident, the evidence collected by the insurance company – including the demand letter provided by your attorney and outlining your case – may demonstrate that the driver was at fault for the accident and your injuries. However, if the insurance company fails to find fault with its insured driver and denies your claim, you can file a lawsuit against the driver.
How Do You Prove Someone Lied About the Accident?
You can prove someone lied about the accident by demonstrating their fault through the evidence you and your attorney collect. You can start building your case at the scene of the accident by gathering the following evidence:
- Eyewitness statements – If anyone saw the accident unfold, obtain their contact information. They may confirm your recollection of the accident and serve as a valuable witness in your case.
- Photographs – Take pictures of the vehicles involved in the collision, the area of the accident scene, and any injuries you sustained.
- Surveillance footage – If the accident occurred in a commercial area, ask local businesses if their surveillance cameras might have captured it.
If you were seriously injured in the accident and unable to gather evidence at the scene, don’t worry – your attorney will conduct a thorough investigation after the fact. In addition to these items, your attorney will request a copy of the police report. They will get medical records for treatment you received after the accident and any available traffic camera surveillance footage. Depending on the nature of the accident and the severity of your injuries, your lawyer may suggest hiring an accident reconstructionist to provide an expert report to support your side of the story and demonstrate how the accident happened.
Can You Sue Someone for Filing a False Police Report?
Filing a false police report is generally criminal rather than civil. If the other driver lied to the police about how the accident occurred, your attorney might suggest including additional counts in your personal injury complaint related to their false claims. If the other driver made false allegations about your conduct related to the accident, you could sue them for defamation or even intentional infliction of emotional distress.
In addition to a civil suit, someone who files a false police report is subject to criminal charges. While a conviction can help bolster your case, an acquittal does not preclude you from seeking compensation through a lawsuit. Be sure to tell your attorney if you believe the other driver filed a false police report related to the accident.
Contact a Personal Injury Lawyer Today
If you were hurt in a car accident that was not your fault, you need a car accident lawyer to help you pursue the compensation you need. Then you can focus on recovering from your injuries. At Jurewitz Law Group Injury & Accident Lawyers, we know how to prove an at-fault driver is lying. We will negotiate with their insurance provider accordingly. If the insurance is unwilling to offer you a fair and just settlement, we aren’t afraid to file a lawsuit on your behalf. Call (619) 233-5020 for a free consultation with a car accident lawyer in San Diego.
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