How can you tell who is at fault in a car accident?

The first thing you should do after a car accident that is not your fault is to make sure everyone inside your car is safe and uninjured. Next, call the police, take pictures of the scene, and exchange insurance information with the at-fault driver so you can file a claim with their insurer. You should also report the accident to your insurance company in case you need to file a ... read full answercollision, personal injury protection, or MedPay claim with your own policy.

What to Do After a Car Accident That’s Not Your Fault

1. Move your car away from oncoming traffic and address any injuries. If your car is driveable you should try to move your car out of harm’s way to avoid further accidents or injuries.
2. Call the police and file a report. This will help you further along the way when filing an insurance claim since a police report will most likely determine fault.
3. Get the other driver’s insurance information. Take a photo of their insurance card so that you can get in touch with their insurer if you need to file a liability claim.
4. Take pictures of the scene and damage to the cars. Insurers require evidence before they can settle a claim. Having pictures from the incident will help speed up the claim process.
5. Report the accident to your insurance company. Even if you don’t file a claim with your own insurance, you should still report the accident to your insurer since they might need to update information related to your vehicle.
6. Document any accident-related expenses. An accident can incur a bunch of hidden costs. Make sure you keep track of all expenses related to the accident so that you can be reimbursed.
7. File a property damage and/or bodily injury claim with the other driver’s insurance company. Having gathered all the pertinent information, contact the at-fault driver’s insurer and file a claim. Make sure you have all the information and documents mentioned above so that the process goes as smoothly as possible.

Filing an Insurance Claim When You’re Not at Fault

If an accident is not your fault, you can file a claim with the at-fault driver’s liability insurance. This will cover the cost of vehicle repairs and medical bills up to the limits of the driver’s policy.

Because it can take a long time for an insurance adjuster to officially determine fault, however, you can initially file a collision or personal injury claim with your own insurer to cover vehicle repairs and medical expenses, regardless of fault. Once fault is determined, your insurance company will recover the expenses from the at-fault driver’s insurer, and your deductible will be refunded.

Keep in mind that in no-fault states, most medical expenses are paid for by your own insurance policy, regardless of who is at fault. And if the driver is uninsured or doesn’t have enough insurance to cover your costs, you can file a claim with your uninsured/underinsured motorist coverage, if you have it.

An at-fault accident is a collision caused by at least one of the drivers acting carelessly or violating the rules of the road. When a driver is at-fault for an accident, they are responsible for financial damages stemming from the collision.

It’s possible for multiple drivers to share the fault for a single accident, in which case each state’s ... read full answernegligence laws dictate how damages are paid. For example, if two drivers get into an accident, the driver who was speeding might be 30% responsible, and the driver who ran a red light could be 70% responsible.

Fault matters in an accident because it determines who is financially liable for the damages. No matter what, the at-fault driver’s liability insurance is responsible for covering any property damage they caused. In most states, their liability insurance will also cover the other driver’s medical expenses. The exception to this is no-fault states, which require each driver to use their own insurance to pay for medical bills after an accident.

No, the first party named in a police accident report is not necessarily the person considered to be at fault. Police reports will generally not mention fault in an accident, unless one of the drivers admits to having caused the crash.

Fault in an accident is determined using evidence, such as:... read full answer

• Witness statements
• Dash cam footage
• Position and location of the vehicles
• Citations issued after the accident
• Point of impact
• Evidence of sudden acceleration (such as tire marks)
• The angle of the steering wheel
• Photos and other evidence taken/observed at the scene

Aside from the police report and investigation into the accident, insurance companies will also appoint an insurance adjuster to handle the investigation for your claim. The adjuster will look over police reports, court documents and sometimes even contact accident reconstruction experts to determine fault and an appropriate settlement amount.