A car accident can become even more stressful when the other driver changes their story of how the crash happened. You might worry that the insurance company will believe them or hold you responsible for what happened. Fortunately, you do not have to resolve that disagreement on your own.
Here are some practical steps you can take to protect your account of the collision.
Preserve evidence of the crash
Photos, videos and witness accounts can help support your version of events when the other driver’s story changes. Save pictures of vehicle damage, the road and any visible injuries. If you have dashcam footage, keep the original recording and make a backup. You can also note whether nearby homes or businesses might have cameras that captured the collision.
If anyone witnessed the crash, keep their contact information so you can share it with your insurer if needed.
Document the other driver’s changing statements
Keep a written record of what the other driver said and when their account changed. For example, if they initially admitted they failed to stop at a red light but later claimed you caused the crash, note when and where each conversation occurred.
Save relevant text messages, emails and other communications. Stick to what you heard or observed rather than guessing why the other driver changed their story. Avoid arguing with them, since further confrontations may create more stress without resolving the disagreement.
Report the inconsistency to the insurer
Tell your insurance company about the conflicting statements as soon as possible, then provide an accurate account of the crash. Share any supporting evidence and witness details they request. If you cannot remember a detail, say so rather than guessing and avoid accepting blame for something you did not do.
Protect your position when fault is disputed
A disagreement about what happened does not automatically mean you will lose your claim. Under Delaware law, you may still recover damages if you share some responsibility for the crash, as long as your share of the negligence does not exceed the other driver’s share. Your compensation would decrease based on your portion of the fault.
If the insurer disputes your account or blames you despite the available evidence, consider having an attorney review your records and explain your options. Legal assistance can help you understand how to respond to the dispute and what evidence could support your claim.