What if the At-Fault Party Lies about the Car Accident?

Last Updated on December 18, 2025

Most car accidents are stressful. They’re even worse when the other driver lies—claims you “swerved,” denies running the light, or spins the story to the police and the insurance company.

The good news: a lie doesn’t automatically become the “official” version. Insurance companies and police investigators rely on evidence, not whoever talks the loudest. Below is what to do if the at-fault driver lies, how fault is determined, and how to protect yourself from getting stuck with the blame (and a potential hike in insurance premiums).

Key Takeaways

• If the at-fault driver lies, the outcome usually comes down to evidence—not who argues better at the scene.
• Photos/video, independent witnesses, and dash cam footage are often the fastest way to beat a “he-said/she-said” dispute.
• A police report helps, but it isn’t the only factor—insurers also weigh damage patterns, statements, and documentation you submit.
• Knowingly lying to police or an insurer can lead to serious consequences, including claim denial and potential criminal charges depending on the situation and state law.

How Fault Is Determined (and Why Lying Usually Doesn’t Work)

Fault is determined by reviewing the total picture—statements, physical damage, scene evidence, and any available third-party proof. If you want the deeper breakdown, start with how fault is determined in an accident.

In many situations, adjusters also apply common fault rules (for example, how these disputes often play out in parking lots): how to determine fault.

After a crash, an insurance claims adjuster reviews the evidence and decides whether one driver is responsible—or whether fault is shared. In a true “he-said/she-said,” the side with better documentation usually wins.

The police report matters, but it’s not the only evidence

Adjusters often start with the police report because it’s a neutral snapshot of what was observed and reported at the scene. (Here’s how to get one filed quickly: how to file a police report after an accident.)

But the report isn’t the final word. Insurers also use what you submit—photos, videos, witness info, and other documentation—to confirm what really happened. For a checklist, use how to document damage and gather evidence for a claim.

Best Evidence to Counter a Lying Driver

If the other driver lies, your goal is to replace “opinions” with proof. The strongest evidence usually includes:

• Photos and video at the scene (vehicle positions, damage, skid marks/debris, traffic signs/lights, weather, and any visible injuries)
• Independent witnesses (names, phone numbers, and a short statement of what they saw) — see how to get witness statements after a car accident
• Dash cam footage (yours or a nearby vehicle’s)
• Nearby video sources (business cameras, doorbell cameras, parking garage footage—request it quickly before it’s overwritten)
• Vehicle data (some cars record crash-related info; insurers may request this in serious claims)

Remember: witnesses and video are powerful because they’re not “one driver versus the other.” They’re independent confirmation.

4 Steps to Take at the Scene When the Other Driver Lies

If the other driver starts blaming you, keep it simple. The scene isn’t court—and arguing rarely helps.

1) Stay calm and don’t debate fault

A shouting match can backfire. Anything you say could end up repeated in statements later. Be polite, stick to the facts, and let the evidence do the talking.

2) Call police (when appropriate) and get documentation started

Rules vary, but calling police is smart when there are injuries, major damage, suspected impairment, or the other driver is being dishonest. Even if you’re unsure whether you must have one, this explains when you need a police report to file a claim.

3) Take lots of photos and lock down witnesses fast

Get wide shots and close-ups. Capture both vehicles, license plates, and the surrounding area. Then find anyone who saw the crash and get their contact info. This is often what breaks a “he-said/she-said.”

4) Keep your statement honest and consistent

Don’t guess, exaggerate, or add details you’re not sure about. A clean, consistent timeline helps adjusters spot inconsistencies in the other driver’s story.

What to Do After the Crash to Protect Your Claim

Even if you believe you’re clearly not at fault, report the accident and start the process the right way. (Here’s guidance on whether you should report every accident.)

If you’re worried about long-term consequences, it helps to understand what typically happens if an accident isn’t your fault and how insurers handle investigations: do insurance companies investigate claims?

Also, don’t assume the police report will automatically settle everything. Insurers do check police reports, but they also compare the report against photos, damage patterns, witness statements, and other facts.

If the Police Report Is Wrong, You Can Still Respond

Police reports can contain mistakes—wrong lane, incorrect street name, swapped driver details, or missing witness info. If you spot an error, act quickly:

• Request a copy of the report and read it carefully.
• Contact the department/officer and ask how corrections or supplements work in your area.
• Provide documentation (photos, video, witness contact info) to support your request.
• Ask your insurer to note your dispute in the claim file, even if the report can’t be changed.

If You’re Wrongly Blamed, Here’s What’s at Stake

Being placed at fault can affect your rates and record. It also changes how claims get paid, including what happens under your own policy: what happens if you’re at fault in an accident.

Some accident types have common fault assumptions (though evidence can still change the outcome). For example, rear-end collisions often create questions like are you always at fault if you hit someone from behind? The point: the more evidence you have, the less a liar can control the narrative.

Lying Can Backfire: False Reports and Insurance Fraud

Knowingly lying to police or an insurer can have serious consequences. Laws vary by state, but intentionally filing false information can lead to criminal charges and civil consequences. If you want a plain-English overview, see this explanation of filing a false police report.

On the insurance side, dishonesty can also be grounds for claim denial and even cancellation/nonrenewal. In some situations, it can contribute to being dropped: how many accidents before insurance drops you.

If the Other Driver Won’t Admit Fault, Escalate the Right Way

If you hit a wall—especially when injuries or major damage are involved—these steps can help:

• Submit a clear evidence package (photos/video, witness contacts, diagram, timeline) to your adjuster.
• Ask for a supervisor review if fault seems incorrectly assigned.
• Consider legal help if the claim involves significant injuries, disputed liability, or you’re being pressured to accept blame.

Bottom line: if the at-fault driver lies, don’t panic—and don’t argue. Document the scene, collect witnesses, and let the claims process work with the evidence you provide.

FAQs on When the At-Fault Driver Lies