How to Help Prove a Motorist Was at Fault for an Auto Accident
What Can I Do to Help Prove a Motorist Was at Fault for an Auto Accident?
You have been involved in a car accident, and you have damages to your car as well as injuries to yourself or your passengers. To get any type of compensation, in most states, you will need to prove fault on behalf of the other driver.
Keep in mind that fault is never assumed. You need hard proof to give to the other driver’s insurance company to show that the other driver is at fault. It is important you know how to get that information before submitting your claim.
The first thing to do when the accident occurs is to call the police. Get them to prepare a report of your accident.
Police officers are trained in recreating what happened, and this evidence is absolutely crucial when trying to prove the other person was at fault. A police report adds a level of authority and credibility that insurance companies will appreciate in preparing your claim.
Obtain Evidence at the Scene
After an accident, you are likely shaken and upset. You may not kick into investigative mode and begin collecting evidence, but it is important to do to establish a claim. You cannot recreate evidence that is there at the scene of the incident.
Get the name and contact information of the other driver, and make sure you exchange insurance information. You never know if that person is going to be hard to reach later, so get the information while you have them in front of you. Failing to take the other driver's insurance info may affect your claim.
Also, take pictures of where the accident occurred as well as pictures of the damage to your car and the other car.
You will want to document what the damage looks like with the other car in the event the other driver tries to add to the damage to boost his or her claim.
If other individuals witnessed the accident take place, get names and contact information of the witnesses there. Make sure they actually saw what happened and would be happy to provide their account of what they saw.
Do not assume that the police will get this information for you when preparing a report. It is possible they will, but if they do not, it will be too late to get this important information.
Other Driver’s Statements
Many times, the other driver might make statements as soon as he or she gets out of the car following an accident. These statements are also known as “excited utterances” or “statements against interest.” They may be “oh my gosh, that was all my fault. I am so sorry!” or “I will pay for your damages if you do not contact my insurance company.”
If the other driver suddenly changes his or her tune, you can attest to these statements made at a later date. It could be considered hard to verify, but if others hear the conversation between yourself and the other driver, you may be able to use their witness testimony.
It is always recommended you contact attorney to discuss your particular situation. Contact one today for an evaluation of your case and to determine what type of compensation you should receive.