Available 24/7

What to Do If the Other Driver Files A Counter-Claim Against You?

Lawyer telling client what to do if the other driver files a counter-claim against you

Being involved in an automobile accident is never how somebody envisioned spending their day. They didn’t wake up and say, “I think I will get into an accident today”, which is why planning ahead for these types of interruptions to your daily plans is important to avoid missing evidence that may be crucial to a future case. Nobody wants to be the reason why someone else got hurt. Human beings, by nature, tend to be compassionate individuals with a hint of pride on the side. There is a chance that the defendant is going to try bringing a counter-claim against you, saying that you were negligent and caused the accident.

Insurance Requirements

The state of North Carolina is an “at-fault” state for car accidents. What this means is that either you caused the accident, or the other person caused the accident. This is why maintaining at least the minimum amount of auto insurance that is required by law is important.

North Carolina also requires, as a part of their minimum requirements, that motorists carry underinsured and uninsured motorist coverages. Just because the law states that you should have a particular coverage, doesn’t mean that everyone is following that rule. If you do not have the correct coverage, it could hurt you in a car accident case.

Detailed Accident Account

Accidents are not planned but we can plan for them. It is important when an accident happens to call 911 immediately. Police reports can be your best friend in an accident. The officer is trained in taking detailed accounts of accident scenes.

If you are hurt badly in an accident it is important to wait for medical personnel to arrive. If you are not badly hurt and are capable of recording your own evidence of the accident, it is important that you do so. Collecting the accounts of witnesses can be extremely helpful in a car accident case.

Input your claim with insurance as soon as you can and if it gets denied or you need to further sue the other driver, your next call should be to a Charlotte car accident attorney.

Proof of Negligence

The key to winning in a car accident case is proving that the other driver’s negligence leads to the accident. Evidence has to be gathered to build a case against the defendant that proves they are at fault for the accident.

Examples of negligence can be:

  • Not following posted traffic laws- Running a red light, failure to stop at a stop sign, not using turn signals, etc.
  • Human error- Texting and driving, falling asleep at the wheel, etc.

The compilation of all the errors made by the other driver is a good way to prove negligence on their part to support that the accident was their fault.

What If They Don’t Want to Admit Fault?

Just in the way that your case must prove negligence on their part, their case must prove negligence on yours. That is why planning ahead can give you the advantage in the case. Keeping meticulous records from the accident and having the evidence put together to prove the other driver’s negligence may be what makes your case.

The worst thing that could happen is that there is very little evidence in the car accident, and it comes down to your word against theirs. Even with an experienced lawyer on your side, if the other driver’s testimony is compelling enough, they may win over a judge or jury.

Tips for Gathering Evidence

If you are able to do so after an accident, the best chance you have of proving the negligence of the other driver is by gathering your own evidence.

Take photographs: Take pictures of EVERYTHING. This includes your car, the other driver’s car, the traffic signals, the stop signs, the road conditions, the position of the cars after the accident, the view from where your car was coming from, the view where their car was coming from, and anything else that you think could clear you from fault.

Get contact information: Get the information to contact the other driver involved is required but getting contact information for anyone who may have witnessed the accident is even better. If there is someone who was waiting to cross the road or other drivers on the road, get their contact information and ask if they will testify to the accident.

Get a copy of the police report: Even though the officer preparing the report was not present at the accident, they will get both driver’s accounts of the accident. They will more than likely be able to decide as to who was at fault based on the information and the scene.

Get Counsel

If you are in a car accident it is smart to get a consultation from a lawyer. Even if the other driver doesn’t bring a counter-claim against you, the insurance companies may bring you a lot of grief while trying to collect on the claim. Either way, make sure that you obtain a Charlotte car accident lawyer with expert level skills to win your case by calling a lawyer at Ted A. Greve & Associates.

Share on facebook
Facebook
Share on twitter
Twitter
Share on reddit
Reddit
Share on linkedin
LinkedIn

GET YOUR
CASE STARTED

Ted A. Greve & Associates Logo
Let's get started with your FREE consultation