Determining Fault in an Accident
Two weeks ago, I had an incident where a driver tried to cut me off but ended up side-swiping my car. His SUV only suffered a minor scuff, while my Outback sustained a significant dent on the front driver’s side between the headlight and the wheel. My insurance agent mentioned that fault is typically assessed based on the photos taken. Unfortunately, the other driver is uncooperative and hasn’t provided any images, though I do have a photo of his vehicle from the night of the accident. I’m confident that the photos of both cars will demonstrate that I wasn’t at fault. However, my insurance informed me that it could take months to reach a conclusion on fault. What happens if his insurance never accepts liability? I’m curious about what occurs when there’s a standstill like this and whether photos can truly help establish fault.
It sounds like you’re in a frustrating situation, and it’s understandable to be concerned about how fault will be determined, especially with an uncooperative driver. In many cases, photos can indeed play a crucial role in determining fault after an accident. They can help illustrate the damage to both vehicles, the location of the impact, and any contributing factors.
If the other driver’s insurance doesn’t admit fault, there are a few possible outcomes:
Insurance Mediation: Your insurance company may negotiate with the other driver’s insurance. They could use the photos and any other evidence you have to argue your case.
Claim Denial: If the other driver’s insurance company does not accept fault, you might have to rely on your own insurance to cover your damages. If you have collision coverage, they can help you with repairs, though you may have to pay your deductible out of pocket.
Legal Action: If negotiations don’t lead to a satisfactory resolution and you believe you’re entitled to compensation, you could consider pursuing legal action against the other driver. This can include filing a claim in small claims court, depending on the amount involved and your local laws.
Fault Determination by State Law: Depending on your state’s laws regarding fault in accidents (whether it’s a no-fault or tort state), the process of claiming damages may differ.
It’s important to keep thorough documentation of everything, including the photos you have, any witness statements, and correspondence with both insurance companies. Staying proactive and following up regularly with your insurance agent can also help expedite the process. Good luck, and I hope you get it resolved soon!