Although it’s not always easy to determine fault, looking at the details of a car accident to decide if a particular driver is responsible is important. Especially if you’ve been injured or have property damage, knowing who’s at fault can ensure you’re able to go after appropriate compensation.
Even though you don’t have the final say in deciding who caused an accident, understanding whose role that is and how determining fault is decided is a key piece to working through the aftermath of a car accident.
The types of fault when in a car accident
In some states, it’s possible to have a no-fault car accident. However, Georgia is an at-fault state, which requires anyone assigned fault after an accident to be responsible for damages. Fault is assessed based on the details of the accident, including any negligence, recklessness, and what’s classified as intentional misconduct. This final category includes actions like drunk driving.
Fault is assigned on a percentage basis though, which means all parties involved can potentially share responsibility for the accident. In many cases though, fault goes to a single driver.
Why it’s important to assign fault
Establishing fault after a car accident directly impacts who’s financially responsible for any related injuries or damages. It’s the at-fault driver — or their insurance company — who’s typically required to cover costs associated with the accident whether they’re medical bills or auto repairs. It’s a key piece of information when it comes to getting insurance companies to pay up.
Without a particular party named to be at fault in an accident, everyone involved may end up having to cover their own accident-associated costs, both medical and property-related.
Who determines fault in a car accident
While it may seem like the car accident police report is the central way fault is established after an accident, it’s just one of a few factors the insurance company uses to make this call. They’re the ones who look at the facts of the accident, including whether any laws were broken, to assign fault.
The police report does play a role though, along with any traffic citations issued on the scene. If only one party received a citation, it can be used to show they were the irresponsible driver and thus potentially at fault for the accident.
Other factors that come under review include statements from all the parties involved in the accident, evidence from the scene and a variety of external details. For example, if it was raining when the accident occurred, and both cars skidded, it might be too hard to establish fault because of the role the weather played.
On the other hand, evidence from a car accident may determine fault by the location of the damage on one car. Where the damage is may prove how the cars crashed into each other. Dash cams and any surveillance footage of a car accident can also help provide evidence when driver statements alone don’t paint a clear enough picture.
Taking all these details into account, the insurance company will decide who’s fault the accident was, but be aware, your insurance company, and the one for the other driver, will each make their own assessment. If they don’t agree, you may need legal representation to step in and fight on your side.
It is important to remember that an insurance company’s decision about fault is not legally binding. While they may decide that they’re not going to provide compensation based on their fault determination, you always have the right to file a lawsuit to prove your version of things. A judge or jury is always the ultimate decision maker in a collision case.
How you can help establish fault
Documenting a car accident yourself is one of the best ways you can help establish fault after an accident. Although your insurance company will gather their own evidence, if you can provide additional details, it may make all the difference.
To help, take as many pictures as possible of the accident itself. Hold onto any paperwork given to you by a tow service, police on the scene, etc. Keep all your medical bills with details of your injuries and how they were treated as well. If you have a dash cam, make sure to save the footage. Lastly, if you notice any witnesses on the scene, and you’re able, collect their contact information and ask if they’d be okay providing a statement.
Getting compensation from the at-fault driver
Once fault is established, and you’re deemed not liable for the accident, the next step is to get the compensation you deserve for your injuries and car repairs. It doesn’t matter if you’ve been in a moving violation accident or one involving a failure to yield, seeking compensation means going up against a big insurance company, which isn’t easy to do alone.
At Watson Injury Law, we’ve got experience dealing with insurance companies and work tirelessly to prevent them from lowballing an offer to you. Our dedicated team works to not only ensure you get the payout you need but to give you time to focus on what’s most important – getting better. Reach out today for a free consultation to get the process started.