West Virginia is a fault-based insurance state. Tort laws state that the injured party must identify the party at fault for the collision before bringing a claim. It will be the at-fault party’s responsibility to pay for the victim’s damages. Unfortunately, drivers who cause accidents are not always honest about what happened. At-fault drivers may lie to insurance companies or intentionally misrepresent facts to avoid their insurance premiums going up. As a crash victim, this could hurt your chances of receiving fair compensation for your losses.

Create a Crash Record

The best way to prevent an insurance company from believing the other driver’s false version of events is to gather evidence proving the contrary. Ideally, you would have called the police from the scene of the crash to obtain an official police report. A police officer can describe what he or she saw, including the officer’s professional opinion about who is to blame. A police report can include official photographs and other evidence that may serve your interests, such as the results of a Breathalyzer test or statements from witnesses. Keep a copy of your police report and other documents handy to serve as proof during your insurance claim.

  • Eyewitness reports
  • Videos or pictures of the crash
  • Surveillance footage
  • Accident reconstruction
  • Vehicle damage analyses
  • Criminal charges against the defendant
  • Medical records

Create a folder with all important crash-related documentation inside. You can use the documents, reports and evidence you gather to prove your version of events is the truth – not the lying driver’s. A crash record or police report could be enough to convince the at-fault driver’s insurance company that its client caused your accident despite his or her claims that state otherwise.

Stick to the Facts

When discussing your auto accident with the police, insurance companies, attorneys, witnesses, doctors and other parties in West Virginia, stick to the facts. Keep only to what you know to be true, rather than guessing as to causation or fault. Being honest from the beginning can help you keep your story straight and remain consistent. Meanwhile, if the at-fault driver is lying, he or she will most likely slip up. The other driver may change his or her story or be inconsistent with the details – pointing to unreliability and revealing falsehoods. Proving yourself as a reliable witness could sway insurance companies in your favor.

Appeal the Insurance Company’s Decision

It is important to realize that a car insurance company’s decision to deny your claim is never permanent. You have the power to appeal the decision and achieve different results. Denial is not final – especially if you know the other driver is lying about what happened. Hire an injury attorney in West Virginia to help you file an appeal of the insurer’s decision. Your appeal should state why you believe the insurance company came to the wrong conclusion, along with evidence supporting your case.

Work With an Attorney

Remain calm if you find out the at-fault driver is lying about your car accident to insurance companies. Reacting poorly, especially while still at the scene of the accident, could turn the police and insurance companies against both of you. You have rights and options in the face of a dishonest defendant. Stay calm and contact a car accident lawyer in West Virginia for help with a driver who is not telling the truth.

An experienced lawyer can walk you through the steps to take toward obtaining financial relief, including collecting copies of police reports or filing an insurance decision appeal. Your attorney can help you gather evidence disputing the other driver’s version of events. A lawyer could also hire crash experts to help prove how the collision occurred and which driver’s assertions must be true. If the other driver’s insurance company disputes liability, your lawyer can take your case to court for a judge or jury to decide the truth. Contact an attorney in West Virginia today to learn more about your legal options.

Attorney Timothy Manchin established the Manchin Injury Law Group in 2011 after his law partner of more than 25 years became a West Virginia circuit court judge. His focus is on helping individual clients and entire families victimized by negligent acts.

  • Taylor Downs was easy to talk to (I do not speak the legal language well!) and was very upfront and honest about the entire process of my case. He kept me updated as the case progressed, and answered my relentless questions. The end result was a favorable settlement that I’m not sure could have been any better with anyone else. In short, go see Taylor if you have a case. Don’t be intimidated to go seek his help, he won’t blow your brains out with “legal speak”.


  • Being referred to Taylor was the best thing I could have asked for. Taylor and staff are very easy to talk to. I would highly recommend them to anyone.


  • If I ever have to go through it again I would definetly call Taylor right away. The group was so helpful through my situation and handled everything that needed to be done. They made a stressful situation a stress free situation. With Taylor you dont have to worry about one thing. Definietly would recomend to anyone.

    - TAYLOR G.

  • Efficient, knowledgeable, and friendly.


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Manchin Injury Law Group, Took care of me when I got into a car accident while I was pregnant. Very scary moment for a first time mom but thankfully Manchin Injury Law Group had my back and treated me great. They made me feel as if I was part of their family. My son is now 7 Months Old and very happy and healthy. I’m very thankful for them for helping me through everything and getting me what we deserved. I 100% would recommend them to anyone. If I ever have an accident again they will be my number 1 phone call!


  • The support given helped me to feel like I was included in my personal injury case every step of the way. I was informed about the entire process throughout. It was amazing how quick the turn around time was and I would definitely recommend Attorney Timothy J. Manchin to anyone!


  • Taylor and Kelly worked hard on my case so I didn’t have to. Thanks guys!


  • Excellent experience dealing with Manchin Injury Law. They were very responsive, professional and easy to talk to. I did my homework before I hired a lawyer after my accident and I am so glad I found Manchin Injury Law Group. If you are injured, give them a call!


  • Taylor and Tim helped make a difficult moment in life, a little more bearable. Easy to communicate with and informative. I will absolutely recommend them to everyone.


  • Kelly and Taylor did all the hard work so that I didn’t have to. They both cared about my circumstance and got me a nice settlement. Taylor knows what he is doing and I felt comfortable with my case in his hands.


  • Great lawyers. They helped me with a West Virginia case.


  • Such a great experience with Taylor and this firm. Thankful for their diligence and their work on our case. Thank you to all!


  • Had a easy and smooth experience with a great attorney so when you go there make sure you ask for Taylor.


  • My experience at the Manchin Injury Law Group was extremely positive, and I would recommend them to anyone who needs a compassionate and experienced lawyer on their side.


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