The first question you’ll ask after a car accident is, “Is everyone alright?”. But the second is almost always “Who’s fault was that?!” Assigning blame is the most important aspect of determining insurance payouts. Remember, the guilty party is responsible for paying the damages and compensation incurred in the crash. It’s a big hit to take, as your insurance policy will shoot up as a result. It’s best to try to assign blame as soon as possible. The longer the investigation goes on, the less credible the evidence. The more we forget about the incident, and the more the facts are bent. Unfortunately, it’s rarely a simple process. No-one goes out intending to cause an accident. It’s never malicious, so it’s difficult to pinpoint blame. Here’s a guide to finding the best solution.
Using comparative negligence
It’s very tricky to assign 100% of the blame so one single party. There are typically any number of factors that contrive to create a collision. One driver might run a red light, causing another driver on the phone to brake hard. A third driver is distracted, and sees the brake lights late, and rear-ends the previous car. There are three different stories here, each with their own small share of the blame. One way to deal with this is split the blame as a percentage of liability.
Assess the evidence gathered at the scene
The evidence and details you gather at the scene of the incident is the most important factor here. First-hand, fresh evidence is the most trusted and credible information regarding blame. As a driver, you should take down every detail possible. Take photos of the scene, including any car damage, skid marks, and other indicators of blame. Draw a sketch of the incident as you saw it. Write down any other factors such as failing to stop at a red light, turning left into oncoming traffic etc.
Witness accounts
Once you’ve gathered your details and evidence, pass them onto the police and insurance companies. However, these are difficult to corroborate without witness accounts. Naturally, the involved drivers will gather evidence favourable to them. It’s the witness accounts that will really decide the outcome. Speak to any eye witnesses, and ask for their names and contact information. Make sure they’re willing to provide a statement for the police and insurance companies. At this point, if you’re certain you’re not to blame, you can hire a free courtesy car from Acorn Rentals. They’ll chase the offender’s insurance company for the bill, at no cost to you.
Admitting fault at the scene
One of the most incriminating factors when determining fault is what you say at the scene of the accident. Try to avoid saying anything pertaining to blame whatsoever. Something as simple as “I didn’t see you” or even “Sorry” can be used to attribute blame. Any doubt will be used against you and your insurance company. Stay silent, and simply gather the evidence, until the police arrive.
When it comes to car accidents, blame is important. It determines who pays out for the damage, which can add up to thousands. Make sure you know what to look for.
