What Happens If the At-Fault Driver Lies About the Accident?

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Index

1. Why At-Fault Drivers May Lie After an Accident
2. How Fault Is Determined in Nebraska Personal Injury Cases
3. Evidence That Can Prove What Really Happened
4. What If the Police Report Is Wrong or Incomplete?
5. How Insurance Companies Handle Conflicting Stories
6. Why You Should Be Careful With Recorded Statements
7. Working With a Nebraska Personal Injury Attorney

After a car accident in Omaha or elsewhere in Nebraska, it can be frustrating and stressful when the other driver gives a false version of what happened. They may deny speeding, claim you caused the crash, or tell their insurance company a story that does not match the facts. This can directly affect your personal injury claim, especially if the insurance company uses the other driver’s statement to dispute liability. Understanding how fault is investigated can help you protect your rights and strengthen your claim.

Why At-Fault Drivers May Lie After an Accident

Drivers may lie after an accident for many reasons, including fear, panic, embarrassment, or concern about their insurance rates. Some drivers may know they were speeding, distracted, impaired, or violating traffic laws and try to shift blame immediately. Others may not intentionally lie but may remember the crash incorrectly because accidents happen quickly and can be disorienting. Regardless of intent, a false statement can create real problems for an injured person trying to recover compensation.

False statements after an accident may include:

• Claiming they had the right of way
• Denying they were speeding or distracted
• Saying you changed lanes or stopped suddenly
• Minimizing the force of the collision
• Blaming weather, road conditions, or another driver

When the other driver misrepresents what happened, the claim may become more contested. That does not mean your case is lost, but it does mean evidence becomes especially important.

Do You Have to Give a Recorded Statement to an Insurance Adjuster in Nebraska?

How Fault Is Determined in Nebraska Personal Injury Cases

Fault in a Nebraska personal injury case is not determined only by what one driver says. Insurance companies, attorneys, and courts review police reports, vehicle damage, photographs, witness statements, medical records, ECM downloads and other evidence to determine liability. Nebraska also follows a comparative negligence system, meaning fault can be divided between parties and may affect the amount of compensation available. Under Nebraska law, contributory negligence reduces a plaintiff’s damages proportionately pursuant to the amount of negligence attributable to the plaintiff, and recovery is barred if the injured person’s negligence is equal to or greater than the negligence of the party or parties they are seeking recovery from. See Neb. Rev. Stat. § 25-21,185.09.

Fault investigations may consider:

• Traffic laws and right-of-way rules
• Industry rules and/or regulations when commercial vehicles involved
• Vehicle positions before and after impact
• Statements from drivers and witnesses
• Photos, videos, or dashcam footage
• Phone records
• EMC / airbag control module downloads
• Physical evidence from the accident scene

A driver’s false statement is only one piece of the overall investigation. Strong evidence can help correct the record and prevent the insurance company from relying too heavily on an inaccurate version of events.

Comparative Negligence: Can You Still Get Compensation if You Were Partially at Fault?

Evidence That Can Prove What Really Happened

When stories conflict, evidence becomes one of the most important parts of a Nebraska personal injury claim. The more documentation you have, the harder it is for the at-fault driver or their insurance company to control the narrative. Evidence can show how the crash occurred, who had the right of way, how severe the impact was, and whether the other driver’s story makes sense. In Omaha car accidents, nearby businesses, homes, or traffic areas may also have cameras that captured part of the crash.

Helpful evidence may include:

• Accident scene photos and vehicle damage photos
• Dashcam footage or nearby surveillance video
• Witness names and contact information
• Police reports and officer observations
• Medical records documenting injuries after the crash

Evidence should be gathered and preserved as soon as possible because photos, videos, and witness memories can become harder to obtain over time. Even small details may become important if the insurance company disputes fault.

Can Dashcam Footage Be Used in a Nebraska Car Accident Claim?

What If the Police Report Is Wrong or Incomplete?

Police reports are important, but they are not the be all end all, and they are not always perfect. An officer may arrive after the crash, rely on incomplete information, or speak with witnesses who only saw part of what happened. In some cases, the at-fault driver may give a false statement before you have a chance to clearly explain your side. In cases where you sustain severe injuries and are taken by ambulance from the scene, you may not have the opportunity to speak with law enforcement until days later, or at all.

Police report issues can include:

• Incorrect vehicle positions
• Missing witness information
• Inaccurate driver statements
• Inaccurate speed estimations
• Wrong insurance or contact details
• Incomplete descriptions of injuries or damage

While it is important to address the errors carefully and promptly when possible, the police report itself is not evidence. And in Nebraska, violations of Rules of Road are not admissible evidence in any civil action. See Neb. Rev. Stat. § 60-693. Police reports can still be important, as they often influence an insurance company’s early view of liability, but if the report is incomplete or inaccurate, additional documentation and real evidence can clarify what actually happened.

How Insurance Companies Handle Conflicting Stories

When drivers give different versions of an accident, insurance companies usually investigate before accepting liability. However, insurers may use conflicting stories as a reason to delay, reduce, or deny payment. They may argue that fault is unclear or that both drivers share responsibility. This is especially important in Nebraska because, as referenced above, fault percentages directly affect compensation in a personal injury claim.

Insurance companies may review:

• Statements from both drivers
• Police reports and citations
• Photos of damage and the accident scene
• Medical records and treatment timing
• Prior claim history or inconsistent statements

A disputed claim does not automatically mean you cannot recover compensation. It means the evidence must be organized and presented clearly so the insurer cannot rely only on the at-fault driver’s version of events.

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Why You Should Be Careful With Recorded Statements

If the other driver lies, you may feel pressure to quickly tell your side of the story to the insurance company. While it is important to preserve accurate information, recorded statements can create risks if you are stressed, injured, or unsure of certain details. Insurance adjusters may ask questions in ways that create confusion or highlight small inconsistencies. Once recorded, your words may be used later in the claim or even years later in litigation.

Before giving a recorded statement, consider:

• Whether you are speaking with your insurer or the other driver’s insurer
• Whether you fully understand your injuries
• Whether you are guessing about speeds, distances, or timing
• Whether the questions are focused on assigning partial fault
• Whether you should speak with an attorney first

While providing a statement to your own insurance company is often required under the policy, you are not required to provide any statements to the other driver’s insurance company, and you are almost never required to allow your statement to be recorded. Being careful does not mean being dishonest or uncooperative. It means thinking twice about agreeing to your statement being recorded and making sure your statements are accurate, complete, and not taken out of context.

Do You Have to Give a Recorded Statement to an Insurance Adjuster in Nebraska?

Working With a Nebraska Personal Injury Attorney

If the at-fault driver lied about the accident, it is understandable to feel frustrated or worried about how their story may affect your claim. A Nebraska personal injury attorney can help investigate the crash, gather evidence, communicate with insurance companies, and challenge false or misleading statements.

At Chandler|Conway, we regularly help injured clients in Omaha and throughout Nebraska protect their rights when fault is disputed after an accident.

With experienced legal guidance, you can better protect your claim and make informed decisions throughout the process. Having an advocate on your side can help ensure the insurance company considers the full evidence, not just the other driver’s version of events.

Call (402) 933-6858 for a free consultation and learn why Chandler|Conway personal injury services are trusted across Omaha and Nebraska.