“You have the right to remain silent. Anything you say can be used against you.”
That’s the foundation of the Miranda rights, which police must read to a person in custody before questioning them. It stems from the Fifth Amendment’s protection against being forced to incriminate yourself.
In a way, that can apply to a car accident, too.
After a car accident, you might be able to get out of your car to take photos and check on the other driver. At that moment, the other driver might admit they caused the accident. This could come through an apology or an admission of fault, like running a red light or rear-ending your car.
After you exchange contact and insurance information, you will part ways. That’s when the trouble starts. After talking it over with family and friends, that at-fault driver might change their story. That could complicate filing a claim with the insurance company.
Here’s why at-fault drivers change their stories, how it can affect your claim, and how a Charleston car accident lawyer can show what really happened.
Why Do At-Fault Drivers Change Their Stories?
We change our minds all the time. Instead of ordering a sandwich for lunch, we order soup. Instead of wearing brown shoes, we go with black. You can change your mind dozens of times a day without any major upheaval. But changing a story about what happened in a car accident can have serious consequences.
There are several reasons someone might change their story after getting into a collision. Common explanations include:
- Fear of financial consequences: A driver might worry that admitting fault in an accident will increase their insurance premiums. They might also fear policy cancellation or personal liability.
- Insurance company involvement: After speaking with an adjuster and getting a new perspective on the incident, a driver could reconsider their initial account. They might emphasize details that suggest someone else was responsible.
- Avoiding traffic citations: If a driver fears getting a ticket or points on their license, they might change their statements.
- Influence from other people: Passengers, family members, or witnesses may offer alternative versions of the accident that can affect what a driver remembers.
- Disputes over shared fault: To minimize an insurance payment, a driver may claim you were speeding, distracted, or otherwise contributed to the collision.
- Genuine memory differences: There could also be a genuine gap in a driver’s memory. Stress, shock, and the rapid sequence of events can cause drivers to remember certain details differently.
Just because a driver changes their initial statement doesn’t mean they are intentionally being dishonest. However, significant contradictions could undermine the driver’s credibility.
How Changing Statements Affect Insurance Claims
When you file an accident claim, the insurance carrier will assign an adjuster to investigate the claim and determine the damages. If drivers provide conflicting accounts, an adjuster could conduct additional investigations or challenge your version of events.
For example, a driver who initially admitted running a red light might later claim the traffic signal was yellow. Someone who said that they were following too closely might change their story to say the car ahead of them stopped unexpectedly.
These discrepancies can create several complications with your claim, including the following:
- Delays in resolving the claim.
- Additional requests for supplemental evidence, such as surveillance footage or witness statements.
- Disputes over the percentage of fault assigned to each driver.
- Reduced settlement offers.
- Denial of liability.
The fault percentage can decide how much you recover.
Under West Virginia’s comparative fault law, your compensation is reduced by your share of the fault, and you can’t recover at all if your share is greater than the combined fault of everyone else.
Keep in mind that an insurance company is not automatically obligated to accept its policyholder’s latest version of events. Its liability determination will consider the available evidence, including any statements made immediately after the crash.
If the claim goes to court, West Virginia’s rules of evidence generally allow the other driver’s on-scene statements to be used against them, even if they tell a different story later.
How a West Virginia Personal Injury Lawyer Proves the Truth
A driver’s recollection about the accident can shift, but physical and documentary evidence doesn’t lie. An experienced attorney can compare the driver’s original statements with objective evidence to identify any contradictions. That is how the legal team at DiPiero Simmons McGinley & Bastress, PLLC approaches any accident claim where the drivers’ accounts don’t match.
When the facts support our client’s version of the accident, we move quickly to gather evidence to prove it before it is deleted or forgotten, including the following:
- Police accident reports
- Dashcam and surveillance footage
- Eyewitness testimony
- Photographs of vehicle damage
- Accident reconstruction analysis
- Electronic communications
- Recorded statements
We Want to Hear Your Side of the Story
A driver who admitted fault at the scene and changed the story later can make your claim harder to resolve.
At DiPiero Simmons McGinley & Bastress, PLLC, our attorneys bring more than 150 years of combined experience to cases like these. Once we have the evidence, we can negotiate with the insurance carrier and push for a prompt resolution. We fight hard to get our clients fair compensation as quickly as the case allows, and you won’t pay us a fee unless we recover compensation for you.
If you’ve been involved in a car accident, we want to hear your side of the story.
Call to set up a free case evaluation to discuss what happened and get your questions answered about what comes next.
