Insight

Why You Should Never Admit Fault After a Car Accident in Philadelphia

It Will Hurt Your Insurance Claims

Never Admit Fault After a Car Accident
RZ

Ryan Zavodnick

November 26, 2019 11:57 AM

It’s easy to get rattled if you’ve been involved in an accident. However, it’s important not to let your nerves get the best of you. The last thing you want to do is admit fault. This is true even if you think it’s obvious that you’re responsible for causing the car accident. Here’s why.

Insurance Companies Will Be Quick to Deny Your Claim

Insurance companies aren’t on your side. When you get into an accident, insurers will go to great lengths to find a reason to deny a claim for benefits. If, while speaking with an adjuster or insurance company representative, you indicate that the accident was your fault, you better believe that they’ll use that to their advantage. When you submit a claim, they’ll use your words against you, claim that you’re at fault, and deny you the compensation you need.

Insurance companies will reach out to you with questions after an accident. What should you do? It’s okay to answer simple questions. You can provide your name and other basic information. However, decline to answer any questions about:

  • What caused the accident
  • What you were doing at the time of the accident, or
  • Who you think is responsible.

Insurers are great at manipulation. You can prevent them from manipulating you by keeping conversations short and directing them to your attorney for additional information.

Accidents Are Complicated and Should Be Investigated

Accidents are rarely straightforward. Many different factors can contribute to a collision, wreck, or crash. You might believe that you’re solely responsible for causing your accident. However, in truth, you might only be partly to blame.

Maybe the brakes on your car were defective, which prevented you from stopping before you rear-ended the car in front of you.

Maybe the other driver involved in your accident was, unbeknownst to you, under the influence of drugs or alcohol.

Maybe you missed a stop sign because it was obstructed by trees that the city neglected to trim back.

If you admit fault, there may not be an investigation into your accident. As a result, these factors could go undetected. You’d assume responsibility—and perhaps financial accountability—for an accident that wasn’t entirely (or even partly) your fault. As a result, you might be barred from recovering compensation and even possibly on the hook for damages suffered by other crash victims. All because you made a seemingly-innocent statement after your collision.

Let your attorney conduct a thorough independent investigation into the circumstances surrounding your accident. A skilled attorney will have strong relationships with accident and injury experts who can shed a lot of light on your case. For example, your lawyer could enlist the help of an accident recreationist. This expert can, based on the evidence available, identify what caused your accident to happen. This can help your attorney identify liable parties and shift blame away from you.

You Could Jeopardize Your Ability to Recover Compensation

Admitting fault immediately after an accident can have different consequences, depending on which state the crash was in. This is because different states handle contributory fault in different ways.

Some states will bar you from recovering any damages, at all, if you’re even remotely responsible for an accident. Admitting fault in one of these states will prevent you from getting any money for your injuries.

Other states will let you seek compensation as long as you’re not entirely at fault. Under pure comparative negligence laws, your damages will simply be reduced by your degree of fault. However, someone else also has to be at least 1 percent responsible for the crash. When you take responsibility for an accident right after it happens, it’ll be more difficult to go back and also prove that someone else shared some of the blame. As a result, admitting fault after an accident can lead to a total bar on recovery.

Others, like Pennsylvania, have rules that fall somewhere in the middle. Under Pennsylvania’s modified comparative negligence law, accident victims aren’t automatically barred from recovering damages simply because they share fault for an accident. You can still get money as long as you share no more than half of the blame. If you assume liability for your accident, it’ll be much more difficult to get under that 51 percent threshold. That, in turn, will likely lead to a full bar on recovery.

About the Author: Ryan Zavodnick is a personal injury lawyer in Philadelphia, PA and co-owner of Zavodnick, Zavodnick & Lasky, LLC. Mr. Zavodnick and his team have over 80 years of experience.

Related Articles

Are Teenage Drivers More Likely to be in a Car Accident?


by Jason Stephens

Teenagers are more likely to be in car accidents due to driving inexperience. But what are the other factors, and what can be done to help?

Teenage Drivers and Car Accidents

Are Cell Phones to Blame for a Rise in Rear-End Car Accidents?


by Michele Mirman

Distracted Driving Is Causing More Accidents

Cell Phones and Rear-End Car Accidents?

Why Expert Help Is Essential After a Car Accident


by Ted Lorenz

An Attorney Can Help Investigate After an Accident

A Legal Expert Can Help After A Car Accident

Leading Cause of Car Accidents in Alabama? Failing to Yield the Right of Way


by Mitchel Lattof

Failing to yield the right of way was the leading cause of car accidents in Alabama in 2018. According to the Alabama Department of Transportation, failing to yield the right of way resulted in 23,832 crashes. Ninety-six of those crashes resulted in fatalities.

Shards of car glass on the street

How to Handle Your Medical Bills After a Car Accident


by Craig D. Rosenbaum

Receiving medical attention after a car accident can be expensive. One personal injury lawyer details the steps to take when seeking medical attention after the accident.

Car Accident

Big Case Warriors


by Best Lawyers

The co-founders of Lyons & Simmons, LLP discuss their relentless dedication to pursuing justice for clients while also invoking change.

Lyons & Simmons Best Lawyers 2020

Brophy & Devaney, PLLC


by Best Lawyers

Joseph F. Brophy embraces his reputations for his zealous representation of his clients and is passionate about learning their businesses and problems and ensuring that their rights are protected and their interests are maximized, whether by way of litigation or transaction.

Joseph Brophy Best Lawyers 2020

A Trial Icon


by Sean Stonefield

Dan Cogdell on his almost four decades of courtroom success.

Dan Cogdell Best Lawyers 2020

Trial Law Leadership


by Justin Smulison

Daniel J.T. Sciano, twice-named Best Lawyers® San Antonio “Lawyer of the Year” for Personal Injury Litigation – Plaintiffs (2010, 2012), discusses how his record of success impacts clients and Texas’ legal community

Daniel Sciano Best Lawyers 2020

What Are the Anti-Protest Laws in the U.S.?


by Jim Owen

The First Amendment includes the right to assemble. But how are the rules surrounding protesting changing?

Anti-Protest Laws in the U.S.

How to Digitally Market Your Law Firm


by dNovo Group

In the digital age, everyone is online. So it's important to make sure your results pop up first. This digital marketing agency gives SEO tips specifically for lawyers.

How SEO is Different for Lawyers in Toronto

Why It's a Bad Idea to Admit Fault After an Accident in Georgia


by Stephen Hasner

Car accidents are complicated. Here's why you should avoid admitting fault.

Admitting Fault After an Accident in Georgia

One Reason Why Uber Is Fighting to Classify Drivers as Contractors


by Stephen Hasner

How Workers' Compensation Is Setting Up a Legal Battle

 Why Uber Wants Drivers as Contractors

Options for a Wrongfully Dismissed Employee


by Stacey Reginald Ball

Mediation, Negotiation, Lawsuit

Options for a Wrongfully Dismissed Employee

IN PARTNERSHIP

What Should I Consider When Hiring a Car Accident Attorney


by Brian White

The lawyer you hire for your injury case can make a difference in the outcome. Learn 5 things to consider when you choose a car accident lawyer.

Man in peach shirt shaking hands with someone

Truck Safety Watchdogs


by Best Lawyers

Unqualified, Poorly Trained Truck Drivers and Unsafe Trucks Heighten Roadway Dangers

Truck Safety and Roadway Dangers

Trending Articles

A Celebration of Excellence: The Best Lawyers in Canada 2024 Awards


by Best Lawyers

As we embark on the 18th edition of The Best Lawyers in Canada™, we are excited to highlight excellence and top legal talent across the country.

Abstract image of red and white Canada flag in triangles

The Long, Short, Thick and Thin of It


by Avrohom Gefen

“Appearance discrimination” based on employees’ height and weight is the latest hot-button issue in employment law. Here’s a guide to avoid discrimination.

Woman stands in front of mirror holding suit jacket

Vanguards of Victory: Best Lawyers: Ones to Watch in Canada 2024


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in Canada™ has been announced, and the lawyers showcased by these awards are rising to the challenge each day as advocates for clients all across the country.

Blue and black background with small squares connected by lines

Announcing the 2023 The Best Lawyers in America Honorees


by Best Lawyers

Only the top 5.3% of all practicing lawyers in the U.S. were selected by their peers for inclusion in the 29th edition of The Best Lawyers in America®.

Gold strings and dots connecting to form US map

Trailblazing Titans of the Industry: Announcing the 4th Edition Best Lawyers: Ones to Watch® in America


by Best Lawyers

Best Lawyers honor and celebrate these talented, innovative newer lawyers who are trailblazing their way to victories in courtrooms across the country.

Connected web above map of the U.S.

Pearls of Wisdom: Celebrating 30 Editions of Best Lawyers’ Rankings


by Best Lawyers

In celebration of our landmark 30th edition, Best Lawyers’ leadership explains how the world’s original and most trusted legal awards maintain their esteem, integrity and reputation for excellence among the top legal entities and their clients.

Best Lawyers logo for 30th edition release with gold glitter in background

Best Lawyers: Ones to Watch in America for 2023


by Best Lawyers

The third edition of Best Lawyers: Ones to Watch in America™ highlights the legal talent of lawyers who have been in practice less than 10 years.

Three arrows made of lines and dots on blue background

Announcing the 2023 The Best Lawyers in Canada Honorees


by Best Lawyers

The Best Lawyers in Canada™ is entering its 17th edition for 2023. We highlight the elite lawyers awarded this year.

Red map of Canada with white lines and dots

IN PARTNERSHIP

Thomson Rogers: Toronto Personal Injury Lawyers


by Thomson Rogers

Since establishment in 1935, Toronto-based firm Thomson Rogers has consistently delivered results for their clients struggling through complex litigation.

Top of a Staircase Featuring Two Large Black Doors with Bookshelves and Chairs on Each Side

The Best Lawyers in South Africa™ 2023


by Best Lawyers

Best Lawyers proudly announces lawyers recognized in South Africa for 2023.

South African flag

IN PARTNERSHIP

How Long Does a Felony Stay On Your Record in California


by Peter Blair

A felony can remain on your record for life in California. Some felonies qualify for expungement. Learn how to remove a felony conviction from your record in California.

Hand setting bird free out of a guarded fence

What the Courts Say About Recording in the Classroom


by Christina Henagen Peer and Peter Zawadski

Students and parents are increasingly asking to use audio devices to record what's being said in the classroom. But is it legal? A recent ruling offer gives the answer to a question confusing parents and administrators alike.

Is It Legal for Students to Record Teachers?

Announcing the 2022 Best Lawyers® in the United States


by Best Lawyers

The results include an elite field of top lawyers listed in the 28th Edition of The Best Lawyers in America® and in the 2nd Edition of Best Lawyers: Ones to Watch in America for 2022.

2022 Best Lawyers Listings for United States

The Upcycle Conundrum


by Karen Kreider Gaunt

Laudable or litigious? What you need to know about potential copyright and trademark infringement when repurposing products.

Repurposed Products and Copyright Infringemen

Best Lawyers: Ones to Watch in Canada 2023


by Best Lawyers

The year 2023 marks the second edition of Best Lawyers: Ones to Watch in Canada, highlighting professionals earlier in their legal careers all across Canada.

Blue background with white stairs formed out of lines

The Best Lawyers in Australia™ 2024 Launch


by Best Lawyers

Best Lawyers is excited to announce The Best Lawyers in Australia™ for 2023, including the top lawyers and law firms from Australia.

Australian Parliament beside water at sunset