Call your local police traffic division to ask about how to get a copy of the police report. Many police reports contain the opinion of an officer who responded on who was at fault. If one of the parties clearly violated any law, that will be stated in the report. In every car accident, someone will remain liable, also known as at fault.
Determining fault in a car accident involves identifying the negligent driver responsible for the accident. In most cases, it is easy to determine which driver acted carelessly because of his behavior while driving. The negligent driver will be liable for any injuries, property damage, and even death they have caused. Damage to the rear of a vehicle clearly implies that the driver is not responsible for the accident.
Generally speaking, if someone hits you from behind, it will be mostly, if not completely, to blame for the accident. There may be exceptions, such as a car that rear-ends while cutting into another vehicle, leaving very little room to stop. In this situation, the car that rear-ended could be the culprit of the accident. But in the vast majority of cases, the driver who follows is the culprit of a car accident from behind.
The next steps in determining who is at fault are collecting evidence. If a camera is available, taking pictures of the accident can help determine the damages and costs. Also, look for street signs or road layout to help determine who violated the rules of the road. Taking pictures of the surrounding roads is another way to help determine who is at fault.
A police report, photographs and witness testimonies will help make a fair judgment on who is at fault. Always remember to exchange information with the other party; get their name, phone number and insurance information. Insurance Company Adjusters Determine Fault in a Car Accident After Reviewing Police Report and Other Evidence. They can also ask you and the other driver questions about the collision to try to put together a reliable narrative of what happened.
Once they have determined who caused the accident or if both parties shared fault, they assign fault percentages to each driver. Depending on your percentage of fault and the laws in your state, you may be able to seek compensation. The police are responsible for determining fault in most car accidents, but there are always exceptions to the rule. When police are called to the scene of an accident, they are required to file an accident report.
This report contains all relevant information, including the names of both drivers, the location of the accident, insurance information and their observations. Finally, if you disagree with the insurance company's assignment of fault, you can talk to a car accident lawyer who can put together a case on your behalf to challenge your decision. But in cases where fault is in dispute and the stakes are high, it's a good idea to consider consulting an experienced car accident lawyer who can present your best case and work toward a fair outcome. Deciding who was at fault for a car accident is important because it usually dictates who will bear financial responsibility for injuries and other losses (damages) resulting from the accident.
If a car cuts you and hits you when changing lanes, it's a little more difficult to determine fault without security footage from nearby cameras or witness statements if the at-fault driver denies that they are the person responsible for the accident. Leaving an unclear resolution as to who is at fault in a car accident will only lead to confusion or legal dispute. After a car accident, you don't want to make it easier for the other party and your insurance company to hold you accountable for the accident. A big exception is accidents in no-fault car insurance states, where injured drivers file a claim with their own auto insurance companies, regardless of who was at fault for the accident.
Learn more about what happens if the other driver doesn't have car insurance and if you have an accident but don't have insurance. In most states, the party at the end of the car accident is held responsible for the accident. In states that have personal injury protection laws, the victim of a car accident must first file a claim with their own insurance company, regardless of who shared the fault for the collision. After an accident, victims of car accidents will have to file a claim with their respective insurance company.
By looking at the status and location of waypoints involved in an accident (such as a sign or parking meter), the adjuster can decide if a car was moving or parked at the time of impact. Liability in a car accident case can often be a matter of your word versus the other driver's word, so witnesses can be critical. . .