When you're involved in a car accident, the process of filing a claim against the other party's insurance company isn't as cut and dry as you might think. After all, the insurance company isn't going to compensate you for anything unless you can prove that their client was at fault for what happened. Proving who was liable after a car accident isn't necessarily as easy as you might think, but there are a few things that you can do to make it easier. Here are a couple of things to consider when you're looking for evidence of who was to blame for the accident.
Where Was The Impact?
Certain types of impact will clearly illustrate who was at fault for the accident. For example, in most cases, any kind of rear-end collision is automatically considered the fault of the driver who struck the other car from behind. This is different from a side impact, where it can be difficult to tell who was in the wrong, because either party could have pulled out at the wrong time or not seen the other driver.
Even if you had to stop short because of something in the road or an unexpected emergency, the driver behind you should be following at a safe enough distance to be able to stop, or at least to avoid the accident. Ideally, drivers should stay two to three seconds behind the car in front of them at all times, and this allows sufficient space to stop in the event of an incident.
Was A Traffic Law Broken?
If the accident occurred as a result of one driver violating a traffic law, that's another clear indication of liability. After all, if a driver failed to yield, ran a stop sign, or ran a traffic signal, he or she will automatically be at fault. The same applies if the accident occurs due to someone passing you in an area where passing is not permitted.
Just remember, if a traffic law was broken in the course of the accident, you need to call the police right away to respond to the scene. You'll have to have the record of the incident and the accident's cause to be able to prove liability to the insurance company.
What Does The Police Report Say?
Ideally, you should always call the police to the scene for any accident. When you do, the police officer will survey all of the evidence, talk with any witnesses, and then make a determination of exactly what happened. All of those details will be included in the mandatory police report after the accident.
The report will also clearly state who is at fault, or liable, for the accident based on the evidence. This could prove to be your best resource when it comes to proving the validity of your claim against the other driver. Always get a copy of the police report once it's been filed, even if you don't think you'll need it. You never know what can happen and when you might have to provide it.
Reach out to a car accident attorney for more assistance.