A car accident is a scary thing under any circumstances, but it becomes even more nerve-wracking if there’s any question in your mind about which driver was at fault. There are significant financial consequences riding on how this is decided.
How do I prove I’m not a fault in a car accident? Many drivers will have this question and following these guidelines will help you get a fair and just outcome.
The most important moment is the immediate aftermath of the accident. That’s hard because you’re worried about the physical well-being of yourself and everyone involved. But it’s imperative that at some point you take a deep breath and focus on the nitty-gritty details. If you don’t get this straightened out now, even the most skilled of personal injury attorneys will have a hard time finding success.
First off: don’t apologize to the other driver and don’t say anything that could be construed as blame. Even a polite “sorry about that” said more to ease tension can come back to bite you in civil court or with an insurance adjuster.
We know that decent people—which both parties to the accident probably are—want to be kind to each other. We certainly don’t want to discourage that, but you can check on the other driver’s well-being without saying anything that admits fault. You just have to be conscious of what you’re saying.
Now it’s time to start taking photos. The age of cellphones makes this easy. Take pictures of both vehicles and anything in the surrounding area that might be helpful for evidence. For example, if someone ran a stop sign, get a picture of the sign in relation to where the collision occurred. If you have injuries, have a bystander take a photo of you.
Getting bystanders to offer witness testimony is important. You will usually have the help of a police officer. The police generally come to an accident as a matter of policy and if not, you can call them to come down.
Witnesses are far more likely to talk to an officer of the law and a police report is not only invaluable in court, but it also may be necessary to get a good settlement from an insurance company. Review the report as soon as possible after the accident and correct anything you believe is factually inaccurate.
Every bit of evidence matters. Even if you’re clearly not at fault, the scope of evidence can impact how much of a settlement the insurance carrier pays out. There are also states that still use the concept of contributory negligence—if it’s determined that you’re 20 percent at fault, your share of the settlement will be knocked down by that amount. Every percentage point of fault you may have that can be reduced is better for you.
The best way to prove you’re not at fault in a car accident is basic—keep quiet, collect evidence and follow up with the police. It’s keeping your head clear in a moment of extreme chaos that’s key to implementing that procedure when it matters most.