Reviewed by Larry Forman, Attorney.
At the scene, the other driver said “I’m so sorry, I didn’t see you.” A week later, their insurer says its driver had a green light and you came out of nowhere. The other driver lying about the accident is more common than you’d think. People shade the truth to protect their insurance rates, their license or their job. A changed story is not the end of your claim. It means the case will be decided on evidence, and evidence is something we can go get. Related reading: Road Rage Accident in Kentucky: Who Pays When a Driver Hits You on Purpose?
Write down what happened now
Make detailed notes while your memory is fresh: where you were going, your lane, the light, what the other driver did, and anything they said after the crash, word for word if you can. Note who was nearby. Save texts or messages from the other driver.
Evidence that beats the other driver lying about the accident
- Video: your dashcam, nearby businesses, doorbell cameras, city buses and, on Louisville’s interstates, TRIMARC traffic cameras. See dashcam footage and TRIMARC camera footage.
- Vehicle data: most modern cars have an event data recorder that stores speed, braking and seatbelt use in the seconds before a crash.
- Damage patterns: where the cars were hit often shows who turned into whom. See accident reconstruction.
- Independent witnesses who have no reason to favor either driver.
- Phone records, if distraction is suspected. See distracted driving accidents.
- The police report, including the diagram, any citation and the driver statements the officer recorded. If it contains a mistake, see how to get and correct a Kentucky accident report.
Much of this evidence disappears within days or weeks. Business video is often recorded over in a few days, and vehicles get repaired or scrapped.
What not to do
- Don’t confront the other driver or argue online.
- Don’t give the other driver’s insurer a recorded statement about fault. See recorded statements.
- Don’t accept a “50/50” split just because it’s offered. That’s a negotiating position, not a finding.
How fault gets decided
Insurers decide fault for themselves, and they often side with their own driver when it’s one word against another. If the evidence supports you, that decision can be challenged, first through negotiation and, if needed, in court, where a jury decides who is telling the truth. A driver who changes their story has to explain it under oath. Kentucky uses pure comparative fault, so even if a jury finds you partly at fault, your recovery is reduced only by your share (KRS 411.182). See how fault is determined in a Kentucky car accident and what to do if your claim is denied.
Meanwhile, your PIP benefits for medical bills and lost wages don’t depend on fault. See how Kentucky PIP works.
When to call a lawyer
As soon as the story changes. The quicker preservation letters go out, the more evidence survives. Larry Forman has tried 50+ jury trials and won 95% of them, and we prepare disputed-fault cases for the jury from the start. Most Kentucky car accident lawsuits must be filed within two years after the injury or the last PIP payment, whichever is later (KRS 304.39-230(6)). See our Louisville car accident lawyer page.
FAQ: other driver lying about the accident
What happens if the other driver lies about the accident?
Fault gets decided on evidence: video, vehicle data, damage patterns, witnesses and the police report. If the insurer still sides with its driver, the dispute can be negotiated or decided by a jury.
Can I still get PIP if the other driver blames me?
Yes. Kentucky PIP pays up to $10,000 for medical bills and lost wages regardless of fault.
Should I accept a 50/50 fault split?
Not without reviewing the evidence. A split offer is a negotiating position. Kentucky’s pure comparative fault rule reduces your recovery only by your actual share, as decided on the evidence.
How do I get video of my accident?
Ask nearby businesses and homeowners quickly, check for dashcams and request traffic camera footage. Many systems overwrite within days, so act fast or have a lawyer send preservation requests.
Other driver lying about the accident? Let’s get the evidence.
Tell us what happened. We’ll explain your options and what to do next. The consultation is free. Get a free case evaluation or call (502) 931-6788. Our office is at 1139 S. 4th St., Louisville.
This post is general information about Kentucky law, not legal advice. Every case is different.
