Proving Fault In A Car Accident Claim: What You Need To Know

No one wants to find themselves involved in a car accident. Even in the best case scenario when the accident isn’t too serious and nobody is injured, you will still need to deal with insurance and in some cases expensive repairs and court cases (including civil trials). While the initial shock of a car accident can be a really big deal, you need to be prepared to be clear enough to talk to any police who show up, give your side of the story in a clear way, and catch any potential exaggerations or lies from the other individual involved. Proving fault in a car accident claim starts with the initial police reports, goes on to the insurance companies, and in some cases goes even further.

Police Reports

The official police report at the scene of the accident is crucial to everything that follows. Police are as reliable a witness as you can have, and they are trained to understand traffic laws thoroughly, and therefore the way they fill out a report can make a huge difference when it comes to getting payments from an insurance company or going to trial to determine fault later on.

Use common sense. Tell the truth, be polite, show your side of the story, be willing to argue with any contradicting information from the other party but be respectful about it and don’t shout or argue with the officers on the scene – that’s a good way to get a slant in the report that doesn’t go your way in a toss up situation.

Insurance Companies Determining Fault

When it comes to proving fault in a car accident claim, it is important to understand that while police reports of the accident scene are important, that alone doesn’t determine fault for insurance purposes. The insurance companies themselves determine liability and fault. This is part of the reason having an insurance policy with a consumer policy of being friendly to their customers.

Rear End Collisions

Generally speaking rear end collisions are cut and dry in most cases. In less you can prove something amiss, most of the time it’s the legal responsibility of the individual who hit the other car that is going to be at fault. In many states this includes even if the person cuts you off and you hit them, you may still be at fault based on insurance rules.

No Fault Accidents

No fault accidents are the ones where getting reimbursement can take longer and insurance companies may argue about who should pay what. When there is a clear driver at fault it is a lot easier to get the payment process pushed through without an issue.

Legal Definition Of Fault: In Conclusion

Proving fault in a car accident claim can be a bit difficult in some circumstances, and there is no denying that this is a crucial part to any insurance claim or determining possible legal ramifications. A little bit of knowledge about how the rules work and a good coverage policy go a long way to taking care of you.

May 6, 2017