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When someone is involved in a car accident, it needs to be determined who is responsible for the accident, or whose fault it is that the accident happened. Sometimes it may seem obvious who was at fault. And on the surface it could look that way. However, for most insurance companies, this isn’t enough proof. Hard evidence is required, especially if you’re the one trying to make a claim and are not at fault. With hard evidence and solid proof, you can make a stronger argument with your insurance company which will allow you to receive maximum compensation. All insurance companies assess fault in a car accident approximately the same way. Here are some things an insurance company will look at when working on a car accident settlement case and determining who was responsible for causing the accident.
Police Reports
Most places require some sort of police report in order for an insurance claim to be processed. If police attend the scene of a car accident, and they don’t always do, the police will be required to make an official report. If you’re involved in an accident where the police arrive, be sure to ask for a copy of their report once it’s been filed.
If the accident is minor or police resources are limited, you will need to go to the nearest police station or collision reporting center to report the incident. You will be given an incident number. You may also ask for a copy of the report. Of all the pieces an insurance company requires, the police report is the most important piece of evidence and one that insurance companies rely on when making their judgement.
Provincial Traffic Laws
Another tool that can be used to support your argument of fault is provincial traffic laws. The laws can be found online or in public libraries and are often condensed into the “Rules of the Road” format for ease of reading. Relevant legislation like highway traffic acts can also help you determine and prove who is at fault for a car accident. Some of these things can be discovered and done on your own. A personal injury lawyer in Kingston with knowledge of the system will put you in a better position to negotiate with your insurance company.
Left Turn Collisions
Collisions caused by someone making a left hand turn are usually caused by the driver making the turn. This is because vehicles driving straight through an intersection have right of way. Liability of fault can shift if the vehicle going through the intersection was speeding or drove through a red light.
Speed of Settlement
Some accidents are ones where drivers of all vehicles are considered at fault. Sometimes the driver at fault will dispute that they are at fault. These types of situations result in the settlement getting delayed. Single driver accidents, as in those where there is one driver who hits something other than another vehicle, are often clear as to who is at fault and can be settled quickly. Accidents where it’s clearly one drivers fault also tend to be settled quickly.