Who Determines Who Was At Fault In My Auto Accident?
Driving a car on a daily basis is a necessity for millions of people. Over the course of a long period of time, most people will be involved in several car accidents. Whenever there is a car accident, it is very important to determine who was at fault. This can be very important as it will result in determining who is responsible for all car repairs, personal injury costs, and any other expenses associated. When you are involved in a car accident, several different people could be involved in determining who was at fault.
Drivers in Accident
In the vast majority of situations, the person who was at fault in an accident will be clear and can be easily determined by the parties involved in the accident. In situations in which there are no injuries and the cars can both driven away from the scene, it is normally not even needed to call the police. In these situations, it would be best for the parties to exchange contact information and insurance information. Both parties should then contact the guilty party’s insurance company to start the process of filing a claim.
While most auto accidents are able to be resolved by the two parties that are involved in the accident, there are situations where the parties cannot come to a resolution and determine guilt. In these situations, other people who are around and witness the accident can be vital towards determining the at fault person. Witnesses will be often able to provide a subjective third person view of the situation. They often may have seen the accident in factors that caused it to occur. In easier situations, a witness will be able to discuss the situation with the two parties. This ideally will result in the parties then being able to come to a final conclusion before having to raise the situation to another level.
After an auto accident, those that are not able to determine who was at fault during the crash may have to get other parties involved. One group of people that are commonly involved in determining both in an auto accident are police officers. When police officers are called to the scene of an auto accident, they will speak with all parties involved and witnesses. They may also assess the crash scene and even review other types of evidence. They are normally easily to identify who is at fault and then write up a police report accordingly.
While they do not have any legal jurisdiction to charge people with a accident, insurance companies can be very powerful when it comes to determining who is financially responsible for an accident. If you are involved in an accident your insurance company will first look for ways to minimize their overall cost. If it is not yet clear who was at fault, the insurance company may still have you take the blame. The insurance company may end up doing this because it is cheaper to pay the claim as opposed to going through a potential civil litigation process. If this is your situation, you still need to be aware that this approach could result in you having a damaged driving record and then receiving higher insurance rates.
In more severe auto accident situations, the ultimate determination of who is at fault in the accident could be determined by the court system. Depending on the situation, your auto accident could go to either the criminal or civil court system, or both. Ultimately, you and your attorney will be able to present your case and your fate will be determined by the judge and jury. Depending on the outcome of the trial, you may also have to go through an appeal process.
If you were in a car accident that resulted in a personal injury, it would be a good idea to reach out to a personal injury attorney. A personal injury attorney will be able to provide you with a number of services to ensure you are properly represented. The personal injury lawyer will be able to also present your case to make sure you are not determined to be the at fault party, which could be a very valuable benefit.