Finding yourself involved in a minor car accident on the road is a concerning experience. While you likely don’t have any injuries, fender benders and low-speed collisions with minimal damage can still have a number of legal consequences. This situation is only made worse if you accidentally admit fault, even if you didn’t do anything yourself. There are both legal and insurance issues that arise when liability comes into question. For example, calculating lost future earnings in a legal case all hinges on the percentage of liability that you have in the situation. By learning the importance of liability, specifically through admitting fault, you can begin to understand what the consequences might look like from a legal standpoint.
What Does It Mean to Admit Fault?
Admitting fault from a legal standpoint is essentially just assuming liability for the incident that occurred. Depending on how you word your statement, the percentage of liability could be assumed to be more or less. After an event as shocking as a car accident, many people accidentally admit fault by apologizing or making assumptions off the cuff without thinking.
There is a major difference between a personal opinion and legal responsibility. While you might feel bad for the fact that a minor car accident occurred, publicly apologizing makes it seem as if you believe yourself to be at fault, even if that’s not what you mean by the apology. After an accident occurs, it’s best to speak with the other party involved and check if they have injuries, and ask if they are okay. Beyond that, though, do not make any assumptions about the accident and avoid accusing the other person of anything, as it won’t benefit the situation.
Instead, take photos of anything and everything, gather their information, make note of weather conditions, and speak with bystanders who may be willing to speak on what they saw. This will allow you to gather a case for when you speak with your insurance company, but it will also give you evidence if you need to go to court to dispute liability.
How Admitting Fault Can Affect Liability
While something as simple as an apology may not seem like an admission of guilt, you need to remember how liability is actually determined in a crash. Generally speaking, the evidence listed above, along with police reports or formal witness statements, is used to gauge who was in the wrong. In the absence of some of this evidence, though, verbal and written statements can have an impact on legal responsibility.
Once you accidentally let out an admission of fault, it’s not something you can just take back. If people heard what you said, then they can reiterate it. Trying to claim you meant something else by what you said is your best course of action, but it still won’t technically make a difference from a legal standpoint.
Insurance Implications of Admitting Fault
Before things even get to the point of litigation, admitting fault will affect your ability to file a claim. For example, if you apologize profusely and the other driver reports that to their insurance, their insurance may contact yours and inform them. Assuming your insurance company takes that at face value, they may not allow you to file a claim because you made a statement claiming you were at fault. This can even result in potential rate increases and instant claim denials.
Legal Consequences Beyond Insurance
The consequences of admitting fault go beyond insurance, though. By admitting fault, you are opening up the risk of being sued for damages, both economic and non-economic. This means things like property damage, medical expenses, lost wages, pain and suffering, and more will be on your head. The statement you make can also be used against you in court, which is troubling as it may reduce your chances of defending your claim that the other person caused the accident.
Going further, depending on the state you are living in, there will either be comparative or contributory negligence laws in place. Under comparative negligence, depending on the type, you can still recover compensation even if you are found to be at fault. For example, if you admitted fault and are found to be 90% responsible for the accident, under pure comparative negligence, you may still be entitled to 10% of a reward amount.
Where the issue of admitting fault really comes into play is with contributory negligence. Under this structure, if you are even found to be a little bit at fault, and there typically is a threshold, you may be barred from receiving any compensation whatsoever. This is precisely why what you say after an accident matters.
What to Say (and Not Say) After a Minor Car Accident
Try to remember that after a car accident, the way in which you communicate with the other driver, the police, insurance adjustors, and anyone else matters. It will impact your legal and financial situation. Below are just a few points to keep in mind:
- Remain calm and polite when speaking to the other driver involved
- Only exchange necessary information like your name, contact information, and insurance provider
- Don’t say anything that could be perceived as admitting fault such as ‘I’m sorry’ or ‘I didn’t see you’
- Only provide a clear and objective account to the police
- Avoid guessing or speculating about what caused the accident
- Request a copy of the police report for your records
- Be mindful of the fact that insurers may use your statements to try to minimize or deny your claim
- Stick to the basics and only provide the necessary details of the accident
- Avoid making any recorded statements without a lawyer present
All of the above just scratch the surface of what to do after a car accident, but they are a great first step at avoiding admitting any fault on your behalf.
Protect your rights after an accident
Being involved in a car accident is a chaotic experience, but you need to stay calm after the fact and avoid admitting any fault. Even if you know you were in the wrong for the accident, you need to trust the legal process in assigning liability properly, as you may not be fully to blame. By admitting fault, you are accepting that liability, though, and leaving money on the table. Speak with an attorney as soon as possible after a car accident if fault is disputed so that you can defend your rights.
