If you make an insurance claim after being involved in a car accident, the insurance company will not start this process until they have established who is at fault. As you can imagine, determining who is liable for the accident can be a complicated task. 

This article will advise you how the liability for a car accident is determined, whilst providing you with tips on how to ensure you do not take the blame for it. 

Do Not Assume Blame 

If you find yourself involved in a car accident, you must not assume blame on the scene. It can be tempting to approach the other parties involved and recognize you have had a role in what just occurred but these events happen quickly and unexpectedly so you may not have a clear perception of the actual experience. Never take the blame and you are encouraged to talk to any other individuals involved and check whether they are okay but do not discuss the details of the collision. 

Report The Accident to Insurance Company

Once the accident happens, you will need to let your company know about it, especially if you want to make a claim so that they can initiate the process. This is when they will start to determine who is liable in this case. Provide them with your version of the events and ask them about the next steps and what else you can do to support them to ensure this is quick and smooth. 

Consult with a Legal Professional 

It may be difficult for you to deal with this on your own if the other party is denying any liability. And you may need to get legal representation to support you with motor vehicle accident claims. Insurance companies will do their best to ensure that claimers settle with less than what they are entitled to. And they may not accept the evidence you provide them or may use jargon that you do not understand clearly. A lawyer can break these barriers and ensure that you get what you deserve. And that all stages of the process are clearly explained to you. 

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Insurance Companies Need to Assess The Evidence 

If liability is not clear in a case, the insurance companies will need you to submit different forms of evidence to assess this. This should offer them a picture of what happened on the day as well as the role of everyone involved. And how their actions may have led to the accident. 

What Type of Evidence Will You Need?

As mentioned above, you will need certain evidence to prove that you are not liable for the accident. And that it is the other person that was negligent and caused the road collision. The insurance company should tell you exactly what they will need so that they assess who is at fault but it is good for you to know this so that you can gather the information as soon as possible. Some of the evidence insurance companies may require from you include: 

Photos of The Accident 

If you have any pictures of the scene of the accident, it will be good to provide these. Remember that insurance companies will need to determine liability based on verbal and written statements provided by those involved. And it is very unlikely that either party will want to take responsibility. Showing them photos of the damage caused or even any injuries suffered can provide them with a better idea of what happened on the day. And thus making it easier to determine liability. 

Witnesses 

Evidently, those involved in the accident may not want to put their hand up and take the responsibility for the accident. This can make things much more difficult for insurance companies to determine who is responsible. A good way to ensure that there is a solution to discrepancies within the statements is to get statements of members of the public that may have witnessed what happened. This will support the insurance companies to determine what happened on the day of the accident as well as who is liable. 

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You May Have to Present At Court 

You should be aware that insurance companies may struggle to determine who is liable for a car accident, even after you present them with the necessary evidence. And you may find that you may have to present at court for this dispute so both parties involved can argue the case in front of a judge, who will then determine liability. Do not let this put you off arguing your case, but just make sure that you have suitable legal representation so that you know what is going on with the case and you have an increased chance of a positive outcome. 

Surely, you will not want to be deemed responsible for a car accident – if this is the case you will not be able to make an insurance claim. This page should provide you with a clear idea of how liability in these cases is determined, so you know what to expect during this process.

Allen Brown

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