How Do I Dispute Car Accident Fault? | Cohen & Jaffe, LLP

To dispute a car accident fault, you show an insurance company proof of the other party’s negligence, whether that be through a police report, witness statements, footage of the crash, or all three. Since New York is a no-fault state, you would be compensated for your damages even if you did cause the accident, but if you know you did not, you should dispute the decision if you are deemed at fault.

If the other driver caused the accident and you suffered serious injuries, you could file a personal injury lawsuit or liability claim against them to cover the costs that a no-fault insurance claim wouldn’t. At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we understand how crucial it is that the at-fault party is held responsible for their negligence.

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An Insurance Company Will Determine Fault for Your Claim

When you are involved in a car accident, the insurance companies of each driver will investigate the crash to determine how it occurred. This investigation will involve a statement from their insured driver, a review of the police report, and any other information the adjuster obtains. At the end of the investigation, the insurance company will decide who is at fault.

Insurance companies are not infallible, and some do not act in good faith. If a carrier finds that you were at fault when you know you weren’t, a car accident lawyer from our firm could help you dispute liability and pursue a fair resolution to your injury claim.

It is important to keep in mind that what the insurer decides is not a binding decision made in a court of law. Instead, it is an opinion issued by an adjuster for an insurance company. While this decision is not the final word on your injury claim, it will impact your potential financial compensation.

What Happens When the Insurance Company Finds You at Fault?

New York follows a no-fault insurance system, which means most accident-related medical expenses and lost wages are initially handled through no-fault coverage, regardless of who caused the collision. A determination of fault does not automatically prevent you from pursuing additional compensation. If you suffered a serious injury, you may still have legal options beyond no-fault benefits. An experienced personal injury attorney can evaluate the circumstances of the accident, determine whether you meet the serious injury threshold, and advise you on the appropriate legal steps to protect your rights.

The insurance company’s initial decision isn’t final, so being assigned fault doesn’t mean you’re out of options. You will get compensated regardless of fault, but you shouldn’t accept the blame. In addition, if you have serious injuries, you shouldn’t have to pay your own way for treatment when someone else caused them.

Disputing fault and pursuing a reasonable resolution to your insurance claim is your best option. A lawyer from our firm can handle communications with your insurance carrier and the other party. They can also file a lawsuit on your behalf if necessary. Litigating cases can be costly and time-consuming, so leave that to us. You have already dealt with enough.

Notifying the Carrier of Your Dispute Right Away is Crucial

If you disagree with the decision made by the insurance company in your case, it is important to notify the carrier of your dispute in writing. In some cases, notifying the carrier could push the adjuster to reconsider the decision.

Even if the carrier will not reconsider their decision by registering your objection, it could be possible to change their mind by providing additional evidence that backs up your case for liability. Your lawyer can handle all this for you.

Steps to Dispute Fault in a Car Accident

“Winning” an at-fault accident, or how to win an at-fault accident under New York law, means successfully disputing an incorrect fault determination by presenting strong evidence to the insurance company or, when necessary, in court. To dispute fault after a car accident, you can follow these steps:

At the accident scene, if it is safe:

• Do not admit fault: Express concern, but avoid statements that suggest legal responsibility.
• Call the police: A police report creates an official record that insurers often rely on when determining fault.
• Gather evidence: Take photos and videos of vehicle positions, damage, skid marks, traffic signs, and road conditions.
• Exchange information: Collect contact and insurance details from all involved parties.
• Identify witnesses: Independent bystanders can provide statements that help clarify how the crash occurred.
• Document what happened: Write down what you remember as soon as possible while details are still fresh.

After the accident, seeking medical care is important even when injuries seem minor, since medical records help connect injuries to the crash. Reviewing the police report for errors also matters, as corrections or supplemental statements can clarify the facts. If an insurer assigns fault incorrectly, that decision can be disputed in writing with supporting evidence. In more complex cases involving disputed liability or damages, legal action may be considered to pursue additional evidence or court review.

The Outcome of the Police Investigation Could Impact Your Ability to Dispute Fault

The accident report issued by the police officer will play an outsized role in determining if you are found to be at fault or not. The insurance company is especially likely to determine that you were at fault if the police report reflects you caused the accident. This is also the case if you were ticketed for a moving violation at the time of the crash.

A traffic ticket or unfavorable police report could have a harmful impact on your insurance claim, but there are steps you could take to undo that damage. The police have been known to make mistakes, and there are ways to address these mistakes in the official records.

If the police report contains a factual mistake, it could be possible to request the officer to amend the report. If you wrongfully received a ticket for a moving violation related to the accident, fighting that charge could help your case. If you can avoid a conviction on your traffic ticket, you could improve your chances of successfully disputing fault.

Impact of Partial Fault on Compensation

New York follows a comparative fault system that allows injured parties to recover compensation even when they share some responsibility for the accident. However, the amount they receive is reduced proportionally to their assigned fault percentage. For example, if a driver is found 20 percent responsible, their total recovery decreases by that same amount.

Understanding how to win an at-fault accident dispute often means minimizing your assigned fault rather than eliminating it. Insurance companies frequently cite factors like speed, distraction, or poor road conditions to justify shared blame. Successfully challenging these conclusions requires strong evidence; witness statements, repair records, accident reconstruction reports, and consistent medical documentation help establish what actually happened.

Even a partial fault doesn’t eliminate your right to seek compensation for medical expenses, property damage, or ongoing treatment. The key is reducing the fault percentage assigned to you, as even small shifts can impact your final settlement.

Deadlines and Timelines for Disputing Fault

Timing shapes every fault dispute. According to the New York State Vehicle and Traffic Law Section 605, drivers involved in a crash must file a Report of Motor Vehicle Accident, Form MV-104, when injuries, death, or property damage over $1,000 occur. This report must be filed within ten days; failing to do so can complicate later disputes.

Under New York Civil Practice Law and Rules Section 214, there is a limited window of three years to bring a claim for property damage after a car accident. Once that deadline passes, courts can dismiss the case entirely, even when evidence clearly supports fault or damages. Knowing how much time is available helps injured drivers decide whether a dispute needs to move beyond the insurance process.

Disputing fault with an insurer should happen soon after a decision is issued. Delays can limit the ability to correct mistakes or gather supporting evidence.

Let an Attorney with Our Firm Help You Dispute Fault After a Denied Insurance Claim

At the Law Office of Cohen & Jaffe – Long Island Personal Injury Lawyers, we know how to win an at-fault accident dispute by building strong cases that challenge unfair conclusions and reduce assigned blame. From gathering critical evidence to filing lawsuits against negligent drivers, we can handle every aspect of your claim while countering the tactics insurers use to minimize payouts.

Don’t let an unfair fault determination cost you the compensation you deserve. Call us today at 516-358-6900 for a free consultation.

Richard S. Jaffe | Partner

After pioneering a string of personal injury cases on Long Island and in the New York City metropolitan area involving lead paint poisoning of infants, Richard’s reputation would be well known enough as a fierce trial attorney and litigator. Richard has managed to secure several multi-million dollar verdicts and settlements throughout his 30-plus years of experience, which has earned him membership in many prestigious circles, such as the nation’s Million Dollar Advocates Forum.

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