When an accident occurs one of the main things you and everyone wants to know is, "Whose fault was it," or "Who caused the accident?" Being at fault can be a big deal because that will determine how much responsibility you may have for the damage caused in the accident.
"Fault" in this sense means which driver was careless, reckless, or negligent.
Insurance companies are big on determining who was at fault and assigning blame.
They of course don't want their own insured to be at fault, but often will accept the blame when the evidence, like a ticket, shows their insured caused the accident.
But what if you don't have proof the other driver received a ticket? How do you get the information you need to show the accident was not your fault? I am going to give you some tips on things to do, and not to do, to show that friendly claims adjuster (they are not your friend) you are not at fault.
Remember that these tips go for your own insurance company just as much as they do for the other driver's insurance company.
So, how do you go about proving to the claims adjuster that you are not at fault? Slam-Dunk Liability There are certain types of accidents where liability is seldom questioned.
The insurance company already knows the vast majority of the time there will be no defense for the other driver.
If you are in one of these "slam-dunk liability" accidents consider yourself lucky in the fight to not be at fault.
Examples of "slam-dunk liability" include: * Rear end collisions * Left-hand turn accidents * Failure to yield crashes * Hitting a parked car I should point out here that even though you may have "slam-dunk liability" it does not mean the insurance company is simply going to roll over.
You must still prove your damages and in some cases show the insurance company you were not contributorily at fault.
Police/Accident Reports If an officer is dispatched to the scene of your accident, there is most likely an Accident Report that had to be filled out by the officer who responded.
You are entitled to a copy of the Accident Report and should get one as soon as you can.
In most instances you can get a copy of the Accident Report five days after the accident.
You may have to go to the police station in the area where the crash occurred, but in some instances the report may actually be available on-line to download and print at home.
The officer on the scene should give you instructions on how you can obtain a copy of the report.
So, what is in the Accident Report? Certainly it will say who was at fault right? Sometimes.
The reports filled out by the officer will contain primarily factual information: the drivers' names, passengers, witnesses, description of road and weather conditions, and a drawing of the scene.
There are occasions in which the officer may note in the report that the other driver was issued a ticket for violating certain traffic laws.
The officer may only mention the other driver was negligent but stop short of actually assigning fault or blame to the driver.
You may find it interesting that the officer on the scene does not have to issue a citation to either of the drivers in the accident.
It is completely appropriate for the officer to simply note the facts as he observed and learned them without assigning blame.
So why then is the Police/Accident Report a good document for proving fault? The officer is viewed as a neutral party who is duty it is to report the facts exactly as they were.
If the officer mentions a law being violated or someone being negligent or careless, that is powerful evidence in your favor of the other party's fault.
Information in the Accident Report is highly persuasive to the insurance company because it is can provide strong evidence to the circumstances surrounding and ultimately causing the accident.
Traffic Laws & Statutes Now occasionally a person, such as you, may find themselves in an accident where things are not nearly as clear and cut as the "slam-dunk liability" accidents or there is nothing helpful in the Police/Accident Reports.
When this happens you can look in your state's laws and statutes.
In Arizona you would look in Title 28 of the Arizona Revised Statutes (ARS) for help.
The web site by the Arizona Legislature is searchable by key words which can make things much simpler for you to find.
You will want to look for phrases that pertain to your collision such as: "speeding," "turn signal," "red light," "stop sign," "right of way," or any similar phrases to your case.
It is a good idea to either copy or print the entire portion of the law you find.
For example: if I need to find a law concerning "right of way" that applies to my accident I would copy or print the following, including the ARS citation: 28-771(A): When two vehicles enter or approach an intersection from different streets or highways at approximately the same time, the driver of the vehicle on the left shall yield the right-of-way to the vehicle on the right.
This subsection does not apply to vehicles approaching or entering an uncontrolled "T" intersection if the vehicle on the left is on a continuing street or highway and the vehicle on the right is on the terminating street or highway.
The vehicle on the terminating street or highway shall yield to the vehicle on the continuing street or highway.
Having the full statute with citation gives the insurance company less room to wiggle out of things, it shows you are prepared and know your rights, and it makes the claims adjuster play fair.
Hint: When you read the statutes they do not always use the words you are looking for or even any of the words you may commonly use.
Example: In Arizona, a traffic signal is a "traffic control device" in the statutes.
Look at the "Definitions" for words as they will be used in the statutes.
There is a "Definitions" section at the beginning of most Chapters in the statutes.