A car accident is a stressful event that can leave you feeling disoriented and uncertain about how to proceed. Unfortunately, some statements can jeopardize your ability to prove the other driver was at fault and make recovering compensation for your losses even more challenging.

Avoid an Admission of Fault at the Scene of a Collision

Immediately after an automobile collision, it is easy to become emotional and say something without thinking. You may feel bad if you think you somehow contributed to the accident, and you may feel the need to apologize. However, to protect your rights, you should avoid saying anything that could be construed as an admission of fault. Even casual comments can later be reframed as admissions. For example, you should avoid statements like:

• “I’m sorry.”
• “I didn’t see you coming.”
• “I was distracted.”
• “I was in a hurry.”
• “I was looking at my phone.”
• “I was going too fast.”
• “I ran the stop light/stop sign.”
• “I’ve never driven down this road before.”

You should also avoid statements made in anger or out of spite. These statements make the other driver more likely to try to defend their actions and prove you were at fault for causing the crash. Do your best to remain calm and respectful.

What Happens if You Admit Fault in a Car Accident?

By admitting fault, you risk losing out on the compensation you may deserve after a car accident. It may also put you at risk of being sued by the other driver(s) or their passengers.

You Could Jeopardize Your Right to Compensation

Admitting fault at the scene of a car accident could prevent you from recovering the compensation you deserve. This could include payment for medical bills, car repairs, and time off work due to your injuries.

Even if you believe you were partially at fault, you may still be entitled to some compensation for your injuries and other losses. Michigan applies a modified comparative negligence rule, which means you can still recover financially, but your compensation will be reduced by the percentage of fault attributed to you, up to 49%.

Your Statement May Be Used Against You

Statements you make to the other driver or the police can be used against you by the insurance companies that will investigate the cause of the accident. They will use your statement as evidence that you caused the crash, which could help them recover compensation from you and your insurance carrier.

The Insurance Company May Deny Your Claim

After a collision, insurance adjusters will likely want to speak with you about the events that caused the crash. If you admit you were at fault, you give the insurance company a reason to reduce the value of your claim or deny it outright.

What If the Other Driver Insists the Accident Was Your Fault?

Sometimes one driver insists the other driver was at fault. While you may be frustrated or intimidated, do not let them talk you into admitting fault for causing a car accident.

Who Determines Which Driver Caused the Crash?

When neither driver admits fault, attorneys and insurance adjusters will evaluate the circumstances to determine who was at fault. They typically review the police report and statements from the drivers, passengers, and other witnesses. In some situations, they will even hire accident reconstruction experts to analyze the crash and provide an opinion on who was at fault.

If there is still a dispute as to who caused the crash, the case may go to trial, where a judge or jury will evaluate the evidence to determine who was at fault.

How the Car Accident Attorneys at Muth Law, P.C., Can Help

After a car accident, remember that the insurance representatives who may try to contact you are not on your side. Their job is to gather evidence that they will use to justify paying you as little as possible, or nothing at all.

The car accident attorneys at Muth Law have decades of experience representing people just like you who were hurt in accidents that were not their fault. We understand Michigan’s complex auto insurance laws and can handle all communications with the insurance companies. We will protect your rights and ensure you do not say something that could inadvertently compromise your claim.

Contact Muth Law Today

Muth Law works with clients in Ypsilanti, Ann Arbor, Washtenaw County, and throughout Michigan. Please contact us to schedule a free, confidential consultation to discuss your automobile accident injury matter. Call 734-481-8800 or contact us via e-mail. We look forward to serving your family.