What Happens If the At-Fault Driver Denies Responsibility?

Team Johnson Injury
January 21, 2025

After a car accident, resolving claims can become challenging when the at-fault driver denies responsibility. This scenario is more common than many realize, leaving victims frustrated and uncertain about their next steps.

For those navigating these complexities, accident lawyers in Richmond, VA, can provide essential guidance to protect your rights and secure the compensation you deserve.

Understanding Fault in Virginia Car Accidents

Virginia operates under a contributory negligence rule, one of the strictest in the country. This means that if you are found even 1% at fault for the accident, you cannot recover damages. This harsh standard often encourages at-fault drivers and their insurance companies to deny liability outright, as it only takes a small amount of evidence to shift the blame.

For victims, this denial can feel like a second injury—one that complicates recovery and prolongs financial hardship. However, understanding the process and your legal options can make all the difference.

The Role of Evidence in Proving Fault

When an at-fault driver denies responsibility, gathering and presenting strong evidence becomes critical. Virginia law requires plaintiffs to prove fault by a “preponderance of the evidence.” This includes showing that it is more likely than not that the other party’s negligence caused the accident.

Some types of evidence that can strengthen your case include:

Police Reports: These often contain the officer’s assessment of fault and details about traffic violations.
Eyewitness Statements: Independent accounts can corroborate your version of events.
Surveillance Footage: Cameras from nearby businesses or traffic lights can provide visual proof of the accident.
Medical Records: Documentation of your injuries can connect them to the accident.

Hiring an experienced auto accident attorney in Richmond ensures this evidence is collected and presented effectively, countering the other driver’s denial.

Dealing with Insurance Companies

Insurance companies often support the at-fault driver’s denial, as their goal is to minimize payouts. They may argue that:

The accident was partially or fully your fault.
There is insufficient evidence to prove their policyholder caused the crash.
Your injuries are unrelated to the accident or exaggerated.

Virginia’s “at-fault” insurance system places the burden of proving liability on the victim. This is where working with a Richmond car crash lawyer becomes invaluable. These attorneys know how to negotiate with insurers, push back against unfair claims, and ensure you are not taken advantage of during this vulnerable time.

Legal Remedies When Denial Persists

If the at-fault driver continues to deny responsibility, you may need to file a lawsuit. Under Virginia law, you generally have to initiate a personal injury claim two years from the accident date. Once a lawsuit is filed, the case enters the discovery phase, where both parties exchange evidence and depose witnesses. This process can often encourage settlements before reaching trial.

In court, the contributory negligence rule again comes into play. A skilled Virginia auto accident lawyer will present a compelling case focusing on the other driver’s negligence while minimizing any attempt to blame you.

Statistics Highlighting the Importance of Legal Representation

According to a 2023 report by the Virginia Department of Motor Vehicles, there were over 127,597 crashes statewide, resulting in 63,876 injuries. Of these, disputes about fault occurred in many cases, often delaying compensation for victims.

Studies have shown that accident victims who work with attorneys receive settlements that are, on average, 3.5 times higher than those who negotiate on their own.

How Accident Lawyers in Richmond, VA, Can Help

When faced with an at-fault driver’s denial, navigating the legal and insurance processes alone can be overwhelming. Accident lawyers in Richmond, VA, provide critical support by:

Investigating the accident and gathering evidence.
Communicating with insurance companies on your behalf.
Representing you in court if necessary.
Advising you on settlement offers and ensuring you receive fair compensation.

Their experience with local courts and knowledge of Virginia law can make all the difference in achieving a successful outcome.

Don’t Let Denials Delay Your Recovery

The aftermath of a car accident is already stressful without the added burden of an at-fault driver denying responsibility. By understanding Virginia’s laws, gathering strong evidence, and working with an experienced accident attorney in Richmond, you can effectively counter these denials and move forward with your claim.

At The Johnson Injury Firm, our dedicated team is here to fight for your rights and ensure justice is served. If you’re facing a denial of liability, don’t hesitate to contact us for a free consultation.

Let us help you take the next step toward recovering the compensation you deserve.