5 Reasons You Should Never Admit Fault In a Car Accident

Last updated on: February 21, 2021


Right after a car accident, it might feel natural to apologize to the other party, even if the accident isn’t your fault. However, you should never admit fault in a car accident and avoid saying anything that may sound like an admission because it may be much more difficult if not impossible to recover the compensation that you may deserve. That’s why it’s important to call a car accident attorney after an accident.

The car accident attorneys at Zinda Law Group have experience representing car accident victims and getting the compensation they deserve. Call us today at (800) 863-5312 for a free consultation with an experienced car accident attorney.

Why You Should Never Admit Fault

After a car accident, you may feel overwhelmed, shaken, and unsure of steps you should take next. You will likely talk with the other party involved in the accident, police officers, and insurance companies. However, if you admit that the accident was your fault to these parties, you risk losing the compensation you may deserve for your injuries and damage to your car.

Admitting fault may also put you at risk for a lawsuit from the other party to pay for their injuries and damages. A car accident attorney may be able to help you recover the compensation you deserve and negotiate with the other party’s insurance company. However, if you admit fault, it is much more difficult to avoid being held financially responsible for the accident. Therefore, it is important that every time you speak with the other party, the police, or insurance companies that you do not admit fault for the following five reasons:

1. You May Be Unable to Recover the Compensation You Deserve with a Car Accident Attorney

If you admit fault in a car accident, you may be unable to recover the compensation you deserve. This could include medical bills, car repairs, and time taken off work due to your injuries. The extent of your injuries and damages may not be evident at the scene of the crash. Don’t limit your recovery potential by admitting fault in an auto accident.

Even if you believe you may be partially at fault for causing the accident, you may still be entitled to recover money. Each state sets its own rules for determining how to divide and assign fault in an accident. For example, in states that follow a comparative fault law, the fault can be shared between the parties and you may still be able to recover money even if you are found to be partially responsible for causing the accident. Determining fault and recovery can be complicated, but an experienced attorney may help identify who was at fault in the auto accident.

2. You’re Not Legally Required to Admit Fault

While it may not feel right, even if you are clearly responsible for a car accident, you’re not required to admit that it was your fault. Sometimes people believe that if they caused the accident, admitting fault will speed up the process and they can move on. However, admitting fault means that your insurance company may need to pay for damages, your insurance premiums could increase, and your driving record may reflect the accident. Whether you are talking to the other party in the accident, the police, or the insurance company, you should avoid saying:

  • I’m sorry
  • It was my fault
  • I apologize
  • I didn’t see the other driver

3. You’re Not a Professional Car Accident Investigator

Many factors can contribute to a car accident. Even if you believe you are entirely responsible for causing the accident, there may be underlying and unknown factors that contributed to the accident. For example, if the brakes on a car were defective, this could have prevented a driver involved in the crash from stopping in time. The other party could have also been drinking or not wearing a seatbelt, which may be unknown to you at the scene of the accident.

Because there are so many possibilities of contributing factors to a car accident, an investigation may be needed to determine what factors actually contributed to the crash. However, if you admit fault, there may not be an investigation, and important facts that could assist your case may go undetected. A professional car accident investigator may be able to piece together what happened and provide valuable insight about who is really responsible for the accident.

4. The Statement You Make to Police Can Be Used Against You

The statements that you make to police officers will be put in an official report. This report can be used by insurance companies that are investigating who caused the accident, so if you admit that the accident was your fault, it will be very difficult to recover the damages that you may deserve. Additionally, if the other party was injured, admitting fault may put you at risk of a personal injury lawsuit, where lawyers investigating the accident will also see your statements in the police report.

While you should answer the police officer’s questions truthfully, you should not guess or make assumptions about what happened. Instead, stick to the facts and never admit fault in a car accident or make statements that could come across as an admission of fault. 

5. Insurance Companies May Deny Your Claim

After an accident, insurance companies will want to speak with you about what happened and the events that caused the accident. If you admit fault in an accident, insurance companies may devalue or deny your claim.  Even if you don’t admit fault, insurance agents may record the call, hoping to find evidence that an accident was your fault. These recordings can be used in court to hurt your chances of recovering money from the other party.

Insurance companies want to pay as little as possible. Investigators are trained to ask leading questions to frame the accident so it appears that it was your fault. You should decline to answer questions about who or what caused the accident, what you were doing at the time of the accident, or who you think is responsible and instead direct insurance companies to the police report. A car accident attorney may be able to speak to insurance companies on your behalf and help ensure you receive a fair car accident settlement. 


Do I Need a Car Accident Attorney to Speak with Insurance Companies?

After you’ve been in a car accident, your insurance company needs to be notified. In minor cases without any injuries, you can call your insurance company and notify them yourself. However, if any party is injured, it is best to call an experienced car accident lawyer first. Even if insurance companies offer you a settlement, it is still a good idea to speak with an attorney.

You may not be prepared to speak with an insurance company and still be upset, confused, and traumatized from your accident. You may also not know the full extent of your injuries because the effects of a car accident may not appear right away. However, your injuries may be long-lasting and require extensive medical treatment. A settlement offered by the insurance company may not be the actual value of your case and may be insufficient to cover your expenses, especially serious and ongoing injuries.

Read More: Why Hiring an Attorney May Help Your Case 

What If the Other Driver Insists the Accident Is My Fault?

Sometimes other drivers involved in an accident will continue to insist that an accident is your fault. This may be done out of anger or in an attempt to shift the attention away from their own fault in the accident. While it can be intimidating or frustrating, you should not let them talk you into admitting fault. The other driver can blame you as much as they want, but it won’t mean anything if you don’t admit fault. Without proof, the other driver will be unable to win their case.

Who Determines Fault if Neither Party Admits to Causing the Accident?

If neither party admits tfault in causing the accident, insurance adjusters from all parties involved in the crash will usually determine fault. They may hire experts to examine who caused the accident. They will also look at the police reports and try to speak with you, which is one of the reasons it’s so important not to admit fault when speaking with these parties.

Additionally, in serious car crashes with multiple vehicles involved or fatal injuries, police investigators may also be involved to determine who was at fault. This may uncover facts that you were unaware of at the time of the accident.

Contact a Car Accident Lawyer Today

One of the best things you can do to ensure you are able to seek the compensation you deserve after an accident is to never admit fault in a car accident. At Zinda Law Group, our car accident attorneys have helped many crash victims seek the compensation they deserved after suffering an injury.

We believe an accident victim should never have to worry about being able to afford legal representation. That is why we offer 100% free consultations, and why you pay nothing unless we win your case. That’s our No Win, No Fee Guarantee.

If you have been involved in a car accident, call Zinda Law Group at (800) 863-5312 to receive your free consultation with one of our attorneys experienced in helping victims determine fault in an auto accident. Check out our blog for more helpful articles.

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