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What Happens If The At-Fault Driver Is Lying About The Car Accident?

Cogburn Law
Madeleine Jones
March 9, 2021

An at-fault driver is lying because they do not want to be financially liable for injuries, vehicle damage, and other accident-related costs. Honesty can be expensive, even when it’s the right thing to do. All too often, the other driver will need to take serious action to prove innocence. 

at-fault driver is lying in car accident

Why Lying Can Cause Your Accident Claim to Be Denied

An insurance adjuster can deny your injury claim after a car accident for many reasons. The most common reason is that the adjuster thinks the accident was your fault. This can be very problematic for you if you know it wasn’t your fault and the adjuster took this decision based on lies from the other driver.

The other driver’s insurance adjuster is definitely not your friend. Insurance companies are in business to make money and pay back as little as possible. An insurance company will use any reason not to pay you, even if that reason is not 100% true.

Common Lies By At-Fault Drivers

Drivers who cause accidents have been known to deny culpability and shift blame. Their goal is to pursue the police, the insurance companies, and even the court system, of their version of the truth. Purposefully lying to the police is criminal fraud, but often, false claims are included in official reports. Drivers may lie to deny that they were:

If the at-fault driver is caught lying in court and he was testifying under oath, the lie may be a reason for a criminal charge of perjury. This is a felony in Nevada with penalties of up to four years in prison, including a fine. 

Establishing Negligence

To dispute a false claim by a driver, it must be established that the car or pedestrian accident was caused by their negligence. The components to negligence claims include the duty of care and causation.

Duty of Care

Drivers have a legal obligation to drive in ways that are not potentially harmful. Everyone driving a vehicle has a basic duty to drive responsibly and follow all laws and regulations. Driving in a negligent manner is a breach of the duty of care. Breaches can include distracted driving, or speeding, or any other failure that results in an accident.

Causation

A driver’s breach of duty must be determined to be the cause of damages to prevailing in a negligent car accident case. This holds true even if the breach caused damage indirectly.

Proving Fault

The following measures can help foil a fabricator’s story:

  • Witness Statements — Neutral witness statements can refute an at-fault driver who is lying.  Their very neutrality inspires belief.
  • Physical Evidence — Physical evidence can prove that an at-fault driver is lying.  This evidence is real, and uncompromisable. Dash cams are an excellent way of proving someone else’s negligence
  • Police Report — Police reports contain the accounts of both drivers, but the truthful version, on record, is critical. A clear accident report should be made as soon as possible.

What to Do If the At-Fault Driver is Lying in Las Vegas

#1 Stay Calm, Don’t Fight and Get Help

If the at-fault driver lies or later on changes their story, you have to try and stay calm and avoid fighting over it with them. Remember that anything you say can be used against you later, most importantly when an officer is taking your statement. You should stick to the facts and start collecting evidence and documents to support your claim instead. This includes pictures or videos of the accident and any vehicle damage, as well as accident reports and witnesses’ contact information.           

#2 Get An Accurate Accident Report

When you have a car accident, a responding police officer will make a report of the accident. It is important that this report has accurate information. This includes driver statements, witness statements, any injuries that you may have suffered, and the position of the vehicles. It is very important information that can be helpful to battle any inaccuracies in the description of the at-fault driver of what happened.

This report is the official legal record of the accident. An insurance company will give this report considerable weight when they determine who is at fault. On the other hand, if the information is not accurate or is incomplete, you should talk to the officer who made the report as soon as you can. After all, officers are humans and can make mistakes.

#3 Talk To a Las Vegas Car Accident Lawyer

Now that you have collected all the critical information, you should talk to an experienced Las Vegas car accident lawyer and share it with them. It is important to be completely honest with your attorney about what happened. When someone lies to a police officer or to an insurance company, it can be hard to rebut it without legal help from an experienced lawyer.

Your lawyer can help you present the evidence that supports your version of the events to a jury or insurance company. Your claim depends on how truthful and credible you are. For this reason, it is important for you to be consistent in your story and have proof to support it.

Car Accident Lawyers in Las Vegas

Negligent drivers can also be careless with the truth. Unfortunately, when an at-fault driver is lying they may never admit responsibility.  This holds true, even when they are confronted with factual evidence. If you or a loved one has been seriously injured due to negligence, call an experienced Las Vegas car accident attorney at Cogburn Law today for a free case consultation at (702) 748-7777.

I was on vacation with my family in Las Vegas in March 2019. On our 2nd day, I was walking through the lobby when I slipped and fell. My left arm broke my fall but my wrist swelled up almost immediately. I went to the Valley hospital emergency room and was seen to. I could move my fingers so I didn’t want the trouble of an X-ray or the cost of it. It was severely sprained. For the next 3 days, I could not carry or lift anything. The hotel staff was very accommodating but when they started to ask me to sign papers regarding the injury I got worried. I spoke to Alex at Cogburn Law who urged me to sit still and wait. They arrived within 20 minutes and looked over the documents and advised not to sign. From there they looked after everything. After returning home I was kept in the loop of everything. Within a few months, I received a check that covered my medical bills and more and I’m so happy I made that call! They really care for you! Thank you, Alex & Jamie!

Jenna F. New Jersey