How to Dispute Fault In a Multi Car Accident Scenario

In circumstances where there is a multi car accident, any vehicles that are pushed into a vehicle in front by the car behind it and who doesn’t have any control will not normally be at fault. Typically, the first vehicle behind them that failed to stop and rear ended a vehicle in front will be at fault for the whole multi car accident. A driver who is distracted, speeding or fatigued could cause a multi car accident when s/he has to hit the brake with little notice to avoid a rear-ender with an obstruction or a vehicle stationary in front. If you have been involved in a multi car crash and you were injured and you have the evidence to prove that the accident was not your fault, you may be eligible to file a PI claim which will cover the medical treatment costs and damage to your vehicle.

Disputing Fault in a Multi Car Accident

The insurer of the at-fault driver is the first to dispute that his/her client caused the accident. This is because insurers prefer not to pay PI claims unless they typically have to. Most states have set their own rules for PI claims from at-fault drivers in a multi-car accident. Before you commence your PI claim you should check your state’s rules to confirm your eligibility. This is a summary of the different rules for PI claims against an at-fault driver:

  • Modified comparative negligence is when an injured victim in a multi car crash should be entitled to claim PI compensation from the at-fault driver providing the victim is less than 50% at fault;
  • Pure comparative negligence is when any injured victims in a multi car accident may file PI compensation claims from the at-fault party, but the settlement will be adjusted downwards by the percentage that is equal to his/her share of the fault in the accident.
  • Contributory negligence operates just in a few states and it is when a driver agrees to take some responsibility for the multi car accident. In this situation no compensation can be recovered from the at-fault driver’s insurer.

Proving Negligence of the Other Driver

As long as your situation in relation to the multi car accident in your state allows you to file a PI claim, you must have adequate evidence to prove who was at fault for the accident. This could include any or all of the following:

  • a photocopy of the police officer’s report who attended the multi car crash and had the evidence to prove who was at fault;
  • cell phone records that showed that the multi car crash was caused by driver not paying attention;
  • photos indicating the multi car accident scene;
  • video surveillance live footage, if available, of the multi car crash occurring;
  • eye-witnesses’ signed accounts and their contact details.

How to Dispute Fault In a Multi Car Accident Scenario

Get a Free Evaluation

If you were in a multi car crash accident and it was not your fault, get a free evaluation today. A PI lawyer can help to keep your claim out of court by filing it on your behalf with the at-fault driver’s insurer.

Additional Resources