After a car accident, both drivers may initially seem to agree about what happened. But when insurance companies become involved, you may discover that the other driver’s version of events has changed.
Perhaps the other driver initially admitted fault but later denied it. Maybe they now claim you were speeding, failed to stop, or caused the collision in some other way.
When stories conflict, determining fault may become more complicated. Fortunately, a car accident claim doesn’t have to depend entirely on one driver’s word against the other’s.
Why Would a Driver Change Their Story?
There are several reasons someone’s account of an accident might change.
After leaving the scene, a driver may realize that admitting fault could affect an insurance claim. They may receive advice from someone else, remember details differently, or attempt to minimize their responsibility for the collision.
In other cases, the differences may not be intentional. Accidents happen quickly, and people don’t always remember every detail accurately.
Regardless of the reason, conflicting accounts make other forms of evidence especially important.
The Police Report Can Be Important
If law enforcement responded to the accident, the police report may contain useful information about what happened.
Depending on the circumstances, it could include:
- Statements from the drivers
- Witness information
- Vehicle locations
- Road and weather conditions
- Diagrams of the accident scene
- Observations made by the responding officer
- Citations issued following the accident
If the other driver provided one version of events at the scene and later tells the insurance company something different, earlier statements may become relevant when evaluating the claim.
Photos and Videos Can Help Establish What Happened
Photographs taken immediately after an accident can preserve details that may disappear once vehicles are moved and the scene is cleared.
Photos of vehicle damage, skid marks, traffic signs, lane markings, debris, and the surrounding roadway may help show how the collision occurred.
Video evidence can be even more valuable. Dash cams, nearby businesses, residential security cameras, parking lot cameras, and traffic cameras may have captured the accident or the moments leading up to it.
Because some surveillance systems automatically delete old recordings, it can be important to identify potential video evidence as soon as possible.
Witnesses May Provide an Independent Account
An independent witness can be particularly valuable when the drivers disagree about what happened.
Someone who saw the accident may be able to describe which vehicle had the right of way, whether someone ran a red light or stop sign, how the vehicles were traveling, or what happened immediately before the collision.
If possible, collect the names and contact information of witnesses at the accident scene. Their statements may help support your version of events later.
Vehicle Damage May Tell Part of the Story
The location and severity of vehicle damage can sometimes provide important information about how a collision occurred.
For example, damage patterns may help establish the direction of impact or the position of the vehicles when they collided.
In more complicated cases, accident reconstruction professionals may analyze vehicle damage, roadway evidence, photographs, measurements, and other information to help determine how an accident occurred.
Be Consistent When Describing the Accident
If the other driver’s story changes, avoid getting drawn into an argument with them or their insurance company.
Instead, focus on being accurate and consistent when describing what you remember. Don’t speculate about details you aren’t sure about, and don’t exaggerate what happened.
Keep copies of accident-related documents and communications, including photographs, insurance correspondence, medical records, repair estimates, and any information you have about witnesses.
What If the Insurance Company Believes the Other Driver?
An insurance company may dispute liability when the drivers provide conflicting accounts. That doesn’t necessarily mean your claim is over.
Illinois uses a modified comparative negligence system. Fault can potentially be divided between the people involved in an accident, and the percentage of fault assigned to an injured person can affect their ability to recover damages and the amount they may receive.
This makes evidence particularly important when an insurance company argues that you were partially or entirely responsible for the collision.
When Should You Contact a Personal Injury Attorney?
Consider seeking legal advice if the other driver changes their story, liability is disputed, you’ve suffered significant injuries, or an insurance company is blaming you for an accident you believe someone else caused.
An attorney can investigate the accident, obtain available evidence, communicate with insurance companies, interview witnesses, and help address disputes about how the collision occurred.
The sooner an investigation begins, the better the opportunity may be to preserve evidence before it disappears.
Injured in a Car Accident in Southern Illinois?
A changing story from another driver can make an already stressful accident claim more difficult. However, determining responsibility isn’t necessarily based on which driver tells the more convincing story. Police reports, photographs, video, witnesses, vehicle damage, medical records, and other evidence can all help establish what actually happened.
If you’ve been injured in a collision and the other driver or their insurance company is disputing responsibility, Kujawski & Associates can help you understand your legal options.
Contact an experienced personal injury attorney in St. Clair County at Kujawski & Associates to discuss your accident and the next steps in your claim.
