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Admitting Fault After an auto accident can wreck your case!

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You just got into an accident. It is important to remain calm while talking to the other driver and don’t say anything that could be construed as an admission of fault. A harmless apology, made in an attempt to placate the other driver’s anger, can be twisted by an insurance company lawyer into a confession that the accident was the result of your negligence.
How you feel towards the other driver after the accident—enraged, indignant, sheepish or remorseful—isn’t necessarily a reflection of who was actually at fault. I’ve heard of drivers who were clearly in the wrong but acted as though they were innocent victims of another’s recklessness. And I’ve known others who apologized profusely in spite of having done nothing wrong. Regardless of who you feel is at fault, it’s best to avoid discussing with the other driver the details of the accident and how it happened, no matter how much you may be tempted to do so. Do not argue with another driver or passengers—nothing good can come of it. At the same time, keep an ear open to what the other driver says and write down any admission or apology as quickly as possible.

Joseph M. Ghabour
Auto, Bus, Pedestrian, Motorcycle accident, medical malpractice and worker's compensation attorney.
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