The other driver apologizes at the scene and says the crash was their fault. Later, you discover they have given their insurance company a different account. It is frustrating, especially when you are already dealing with injuries and medical appointments.
In the video above, Scott Marshall of Marshall Injury Attorneys explains why a changed story does not necessarily derail an injury claim. What matters is the evidence of what happened and how the conflicting accounts can be evaluated.
A changed story does not erase the evidence
Scott describes a situation his clients sometimes encounter: a driver accepts responsibility immediately after an accident, then denies responsibility when speaking with their insurer.
His message is to avoid assuming that the later denial decides the case. The other driver’s account is only one part of the information available.
Establishing what happened requires examining the facts. Depending on the crash, relevant evidence may include photographs, video footage, witness accounts, vehicle damage and the positions of the vehicles.
What the driver said at the scene may matter
Scott explains that an earlier statement accepting responsibility may be useful when the driver later gives a conflicting account.
Florida’s evidence rules recognize an exception to the hearsay rule for a party’s own statement offered against that party. However, whether a particular statement can be admitted and how it may be used depend on the circumstances and other applicable rules.
An apology also needs context. Record the words you actually remember rather than turning a general expression of concern into a definite admission of fault.
Why conflicting accounts can raise credibility questions
A central point in Scott’s discussion is credibility. When someone gives materially different versions of the same event, those differences may prompt questions about the reliability of their account.
Scott shares his perspective from trial experience that a defendant’s honesty and willingness to accept responsibility can influence how jurors view that person.
That observation is not a promise of a larger verdict. A changed account does not automatically prove dishonesty, establish fault or increase compensation. The evidence supporting responsibility and the claimed losses remains essential.
Document what you remember accurately
Scott’s practical advice is to document everything. Preserve information you already have and give your attorney a clear account of what was said and who heard it.
- Write down the words you remember as soon as possible.
- Note when and where the conversation happened.
- Identify anyone else who heard the statement.
- Keep original photographs, videos, messages and other relevant files.
- Tell your attorney when you learned that the driver’s account had changed.
Separate what you personally saw or heard from information someone else later told you. If you are unsure of the exact wording, say so rather than presenting a paraphrase as a direct quotation.
Focus on the facts rather than an argument
You do not need to resolve the disagreement through a confrontation with the other driver. Share the conflicting accounts and supporting information with your attorney so they can assess their significance.
Scott’s reassurance is that a denial should not cause you to give up on an otherwise supported claim. A careful review of the available evidence can help explain what happened, even when the drivers disagree.
Have questions about a disputed Florida crash?
If the other driver has changed their story, Marshall Injury Attorneys can discuss the available evidence and explain how a dispute over responsibility may affect your injury claim.
Request a free case review or call 727-772-5900.
This article summarises Scott Marshall’s video and includes general information about evidence. It is not legal advice and does not create an attorney-client relationship. Statements about trial experience do not guarantee any result. Every case is different.
