Insight

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

Admitting fault in Philadelphia can undermine your insurance claim and limit your ability to recover damages.

Two drivers exchanging phone numbers after a car accident
RZ

Written by Ryan Zavodnick

Published: November 26, 2019

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. To protect your rights and ensure you receive the compensation you deserve, it’s crucial to hire a lawyer who specializes in car accidents and understands the nuances of state liability laws.

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.

Learn More About:

Insurance Law

Car Accident

Related Articles

Things to Do Before a Car Accident Happens to You


by Ellie Shaffer

In a car accident, certain things are beyond the point of no return, while some are well within an individual's control. Here's how to stay legally prepared.

Car dashcam recording street ahead

Do I Need a Lawyer for a Car Accident?


by Bryan Driscoll

Deciding whether to hire an attorney after a crash depends on injuries, insurance disputes and financial risk.

Shattered windshield and damaged interior of a car after a collision

How a New Maryland Bike Safety Law Honors a Client’s Legacy


by Justin Smulison

Four-time Lawyer Of The Year Patrick Regan discusses how a client’s bicycling tragedy led to a result that improved Maryland traffic law to protect riders.

Group of lawyers posing for a photo

IN PARTNERSHIP

Battle-Tested Dedication for Truck Wreck Victims


by The Law Offices of Frank L. Branson

Courtroom legend Frank L. Branson and his team give a voice to the voiceless, representing victims of catastrophic trucking and motor vehicle accidents.

Man in suit stands with hands on chair

"Lawyer of the Year"


Black and white headshot photo of woman lawyer

Jennifer Arnett

Insurance Law

Boulder, CO

2024

3 Factors a Florida Homeowner Should Consider Before Taking an Insurance Company to Court


by Best Lawyers

Insurance cases in Florida can be complex. Issues related to insurance regulations have created an especially combative environment.

Living room in a house flooded with water

The Role of Title Insurance in Real Estate Transactions


by Best Lawyers

Title insurance can provide benefits, protection and peace of mind in a real estate transaction, which can often be complex. Best Lawyers take a closer look.

Individual signing a document with house keys in background

Your Fault or My Fault, It All Goes Through No-Fault


by Michael L. Taub

The No-Fault System, which helps victims receive payment for accident-related medical bills, does not always regard minor accidents on court dockets.

Man at steering wheel leaning forward grasping sore neck

Hit by a Truck? Here’s What Victims Need to Know


by Jeffrey A. Block

If you’re a driver or passenger in a car involved (or, especially, injured) in an accident with a much larger, heavier vehicle, it can seem Sisyphean just to get your life back on track. But you can do it, armed with this critical information.

Car turned on its side in grass after collision with truck

IN PARTNERSHIP

7 Things to Never Do After a Car Accident


by J.L. King

The actions you take after a car accident could determine the injury compensation you stand to receive. Learn seven things to never do after a car accident.

Cartoon of person with big pencil and check list

IN PARTNERSHIP

5 Things To Consider When Choosing a Car Accident Lawyer in Nevada


by Justin Watkins

There are many things to consider when hiring a car accident lawyer, including skill, experience and cost. Read on to learn more.

Woman on phone looking at cracked windshield

Crash Course


by Paige Cerulli

A bad car accident left me reeling, but my worst symptoms wouldn’t appear until two weeks after. If it weren’t for excellent legal representation, there’s no way I’d have made it through—or with anything close to the settlement I got.

Giant bridge with multiple cars going in different lanes

Head Games


by Paul D. Friedman

How the science of traumatic brain injuries has improved in recent decades—and what those advances might mean for victims of these horrific ailments in the courtroom.

Brain cut in half with half of the brain red and half black with white background

Think Inside the Box


by David M. Carter

Black box data retrieval after a serious accident—it’s not just for commercial airplanes anymore.

The mechanics inside of a box with computer technology behind it

Don’t Let Insurance Companies Take Advantage of You


by Christopher J. Marzzacco

Find out how you can avoid being taken advantage of by insurance companies. Learn the tactics they use to underpay injured victims and what you can do to fight back.

close up of a woman in an arm sling signing a paper

Navigating Uncharted Terrain


by Richard Wood

The challenges before the Australian insurance industry.

Australian attorneys in a corporate insurance building

Trending Articles

Recognizing Legal Leaders: The 2027 Best Lawyers Awards in Australia, Japan and Singapore


by Jamilla Tabbara

Market drivers, diversity trends and the elite practitioners shaping the legal landscape.

Illustrated maps of Australia, Japan and Singapore displayed with their national flags, representing

Musk v. Altman: The Lawyers Behind the Case


by Jamilla Tabbara

Meet the Trial Lawyers Shaping One of AI's Biggest Legal Disputes.

Portrait photos of Elon Musk and Sam Altman positioned in front of the OpenAI logo.

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Legal Teams Behind the Blake Lively–Justin Baldoni Settlement


by Grace Greer

A closer look at the legal teams and attorneys involved in the Blake Lively–Justin Baldoni litigation and its resolution.

Split-screen image of Blake Lively and Justin Baldoni

When Is It Too Late to Stop Foreclosure?


by Bryan Driscoll

Understanding the foreclosure timeline, critical deadlines and the legal options that may still protect your home.

Miniature house model on orange background surrounded by thumbtacks representing foreclosure

Can You Go to Jail at an Arraignment?


by Bryan Driscoll

Understanding What Happens at Your First Court Appearance.

A heavy chain lying on the ground in the foreground with a blurred figure standing in the background

How AI Is Changing the Way Clients Find Lawyers


by Jamilla Tabbara

Best Lawyers CEO Phil Greer explains how AI-driven search tools are reshaping legal marketing and why credibility markers matter.

AI chat bubble icon with stars representing artificial intelligence transforming client-lawyer conne

Colorado’s 2026 Water Rights Battles


by Bryan Driscoll

A new era of conflict begins.

Colorado Water Rights 2026: A New Era of Conflict headline

How to Choose a Personal Injury Lawyer


by Bryan Driscoll

Finding the right legal representation after an injury is a critical decision that requires careful evaluation. 

3D scene representing the deliberative process of choosing a personal injury attorney

When to Get a Lawyer for Work Injury


by Bryan Driscoll

Understanding your rights and navigating the complexity of workers’ compensation claims.

Injured worker receiving medical attention at workplace

What Happens if You Don't File Taxes


by Bryan Driscoll

The penalties are real, but so are your options. Here's what the IRS can do and what you can do about it.

A torn dollar bill revealing a watchful eye, surrounded by flying documents

What Disqualifies You From Filing Bankruptcies


by Bryan Driscoll

A guide to navigating eligibility, the means test and the legal hurdles of declaring bankruptcy.

A silhouette of a large hand pushing over a row of falling dominos toward a small figure standing be

When to Hire a Tax Attorney


by Bryan Driscoll

Understand the legal triggers, professional differences and strategic benefits of seeking legal counsel for your tax matters.

Flying tax documents symbolizing the stress and urgency of mortgage and foreclosure-related paperwor

Why Original Profiles Matter in Legal Marketing


by Jamilla Tabbara

How original, up-to-date profiles improve visibility and client trust.

Multiple web browser windows displaying lawyer profile pages

New England's Climate Litigation Surge


by Bryan Driscoll

What law firms need to know

New England's Climate Litigation Surge: What Firms Must Know headline