The majority of car accidents result from the negligence of one party. However, what happens if the other motorist denies liability? When this happens, your car accident case can take longer to resolve. But even if you are partially to blame for the crash, you could still get compensation for your injuries and losses. The amount you will get depends on your percentage of fault, which will be determined by an insurance company or court judge. Because this is a complex matter, you should get legal advice from a car accident attorney. Dealing with a car accident in Albuquerque is hard, so you must not take on the extra stress and worry of proving the responsibility of the other driver.
What to Do if the Other Driver Doesn’t Accept Liability
Even if the other driver denies liability, you must continue to fight for your right to compensation. The first step you should take is to have your case reviewed by a lawyer who will determine your eligibility for compensation. If the attorney determines that you have a claim, they will deal with the at-fault party and their insurer, letting you concentrate on your recovery. The next steps you should take include the following;
- Collect evidence. Collecting all available evidence is important to try to have the other party withdraw their denial of liability. Your Albuquerque lawyer can help you collect evidence to support and strengthen your claim like medical records, police reports, witness statements, your account of the crash, expert testimony, CCTV footage, and photographic evidence.
- Renegotiate with the insurer. If the insurance provider changes its decision, you must negotiate for a reasonable settlement with them. Some factors determine the amount of compensation you may be able to recover. They include the seriousness of your injuries, the impact of these injuries on your work and home life, whether you contributed to the accident, as well as the available compensation to cover the damages you sustained.
What If You Share Liability?
New Mexico adopts the pure comparative negligence rule. Under this rule, you can file a claim with the insurer of another driver even if you were found to be 99 percent at fault for a crash. You can collect damages based on the at-fault driver’s percentage of fault. For instance, if the at-fault driver is determined to be 60% at fault for harming you in a car accident, this means you are 40% at fault for the accident. In this case, you can collect 60% of the damages to your car from the crash. Thus, if the repair cost is $1, 500, the at-fault driver must pay you $900, which is 60% of $1, 500.