Can this be disputed?

I was in an accident last friday my first. I will admit to being at fault. Because I rear ended the driver, I was following to close and he hit his breaks at the very last minute for a car to turn in front of him. I hit the windshield a few times no seatbealt and suffered a concussion. After the accident I was sitting around a lot of people and don’t remember much of what went on before being rushed to the ER, but upon receiving the accident report I found out that an officer said I told him I rear ended the driver because I was distracted by my cell phone. This isn’t true, because my cell phone was in my console charging from the long work day. I can possibly pull records from my phone company to prove there was no activity from about the time I got off work until after the accident. My insurance company is saying they wont cover any of this, so the sooner I can get this resolved the sooner I can put this behind me. Any information would be gladly appreciated.

Asked on September 9, 2016 under Accident Law, Alabama


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can dispute the facts the way you indicate: by providing evidence, such as by phone records, that you were not on the phone at that time. But that will likely not make any difference: if you were at fault for any other reason (including filing too closely), you will be liable for all the damage you did and injuries you caused, and will not be entitled to any compensation for your own injuries or damage. The only way it may make a difference is that if your insurance policy would cover if you were at fault for reasons other than using your phone while driving. If that is the case, then it is worth doing what you suggest, and using phone records to show you were not then on the phone, to prove to your insurer that you were not distracted by your phone. If you provide such evidence and the insurer will not cover you (when under the policy they should), you could sue your insurer for "breach of contract,"or violating their contractual obligation to provide compensation.

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