Although accident victims have personal injury law in their favor, the chances of securing a claim greatly depends on your ability to prove the fault. After all, you cannot expect to be compensated if the accident was caused by your mistake or negligence. Conversely, you can rightfully seek compensation by proving that the other driver had been negligent. For this reason, you need to be aware about the value of determining the responsibility in such cases. Being able to prove it decides the outcome to a considerable extent. While it is best to let experts determine the fault, there are some facts you should know about how it is done.
Rules may vary by state
It is to be noted that different states approach fault in car accidents differently. The diverse types of faults that vary from state to state include pure comparative negligence, modified compared negligence and contributory negligence. So the outcome of your case depends on how it is viewed in your state. It is best to get legal representation because only experts can help you determine fault in the mishap based on the rules applicable in the state.
Police report is vital before taking legal action
Before you pursue any legal action after the wreck, getting a copy of the police report is a good idea. The report can help you in proving the accident’s responsibility because the officer would have recorded that the other driver was responsible for the mishap. If that is the case, the report can serve as a valuable tool in protecting your interests and proving the liability of the guilty driver. It is, therefore, your prime duty to report the accident immediately to the police. They will be there and record everything in their report, besides gathering testimonies and available evidence.
Insurance companies assess fault thoroughly
Even though a police report is a vital piece of evidence in a car accident case, the insurance companies also go the extra mile to assess fault thoroughly. Stephen Whiskin from Waymanandlong.legal explains that there are many ways that lawyers and insurance companies determine fault in a car accident, and some of them might surprise you. Still, it is valuable to pay attention to an adjuster’s assessment because it will determine how compensation will pan out.
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Evidence collected plays a key role
When the insurance company starts evaluating an accident, evidence plays a significant role. Besides the police report, evidence includes pieces such as photos of the wreck scene, eyewitness testimonies and any other proof that can show what happened at the site. Being alert after the accident can help in gathering as much evidence as possible. For example, you can take photos with your mobile camera and jot down the contact information of the eye witnesses. These can be useful for determining the responsibility of the guilty driver and getting you the claim you deserve.
Being able to prove the fault can speed up the claims process, even while the insurance company tries to mitigate the circumstances. So you must go the extra mile to gather the evidence you can so that you can present it during the proceedings.