Jan 14th 2007

Proving Fault In Vehicle Accidents



Proving who is at fault in a car accident is not about finding a convenient person to blame. Every auto accident has a unique set of facts at the scene and chances are the police at the scene would already have these written down. Insurance companies can figure out who is at fault in a traffic accident by looking closely at these police records. In many cases common sense will tell you that a driver, cyclist, or pedestrian acted carelessly.

Sometimes it’s clear and simple to determine the fault of an auto accident. If you were stopped at a stop sign, and another car rear-ended you, it’s pretty clear that you have no liability for the accident. But you may not know what laws or rules that person violated. Your argument to an insurance company that another person was at fault for an accident can be strengthened if you find some proof or interpretation of accident.

On the other hand, sometimes it’s often not clear who was at fault. However, insurance companies must determine the degree of fault to be assigned to each driver for purposes of determining which coverage applies to the accident, and to ensure that the at-fault vehicle’s premiums are adjusted appropriately.

Here are a number of places to look for such support to determine who is at fault:

  • Police reports
  • witness interviews
  • pictures of the cars, streets, and surround areas 
  • accident reconstruction
  • hiring a private investigator
  • medical records

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