"Whose fault was it," or "Who caused the accident?" Being at fault can be a big deal so that how much responsibility you may have "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. Do not have their own insured to be at fault, but often will blame when the evidence, like a ticket, shows them insured caused the accident. But What do you do not have proof the other driver received a ticket? How do you get the information you need to show the accident was not your fault?
Remember that these tips go for your own insurance company just as much I am going to give you some tips on things to do, you do not have fault. So they are the other driver & # 39; s insurance company. So, how do you go about proving to the claims adjuster that you are not at fault?
Slam-Dunk Liability
If you are in one of these "slam-dunk liability" accidents consid yourself lucky you are defense for the other driver. 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 "slam-dunk liability" it does not mean the insurance company is simply going to roll over. You must still have your damages and in some cases show insurance company you are not contributorily at fault.
Police / Accident Reports
You are entitled to a copy of the Accident Report and should get as soon as you can cancel .
You may have a copy of 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 how can you obtain a copy of the report.
Sometimes. The reports filled in by the officer will contain primarily factual information: the drivers & # 39; names, passengers, witnesses, description of road and weather The officer may only mention that the other driver was negligent but stop short of actually was not in the report that issuer a ticket in which the other driver was ticket for violating assigning fault or blame to the driver.
It may completely be appropriate for 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.
If 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 Information in the Accident Report is highly persuasive to the insurance company because it can provide strong evidence to the circumstantial surrounding and extremely causing the accident.
Traffic Laws & Statutes
When somethimes 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. Look in your state & # 39; s laws and statutes. In Arizona you would look in Title 28 of the Arizona Revised Statutes (ARS) for help.
"Speeding," "turn signal," "red light", "light light", "light light" 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 the the same time, the driver of the vehicle on the left will yield the right-of-way to the vehicle on the right. This "T" intersection if the continuing street or highway and the vehicle on the right is on the terminating street or highway. will 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 you rights, and it makes the money adjuster play fair.
Hint: When you read the statutes they do not always use 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.
