Determining Fault in an Accident
Two weeks ago, I was involved in an incident where a driver tried to cut me off and ended up side-swiping my car. While his SUV only sustained a minor scuff, my Outback suffered a significant dent on the front driver’s side between the headlight and the wheel. My insurance agent mentioned that fault is generally established through photographs. However, the other driver is not cooperating and hasn’t provided any images. I do have a photo of his vehicle from the night of the accident that I submitted. I believe it clearly shows I wasn’t at fault, and I hope the photos of both vehicles support that claim. My insurance also mentioned that determining fault could take months. What happens if the other driver’s insurance never admits fault? I’m curious about what occurs in situations like this, and whether photos can truly influence the determination of fault.
I’m sorry to hear about your accident; that sounds frustrating. When it comes to determining fault, photos can definitely play a crucial role, as they can provide visual evidence of the damage and the position of the vehicles after the incident. If your insurance has the photos and feels confident that they support your account of the accident, they may be able to present a strong case to the other driver’s insurance.
In cases where one party is uncooperative or there’s a disagreement about fault, the claims process can indeed take longer. If the other driver’s insurance does not admit fault, your insurance may still pursue the claim on your behalf, potentially through subrogation, where they seek reimbursement from the other insurance company once the fault has been determined.
If a standstill occurs with the insurance companies not agreeing, you might consider getting a copy of the police report if one was filed, as it can provide an official perspective on the accident. In some cases, insurance companies may also seek a third-party mediation to resolve disputes. If all else fails, you could look into small claims court as an option for recovering damages.
It’s important to stay in touch with your insurance adjuster and keep all relevant documentation and evidence organized. Hopefully, with all the information you have, the situation can be resolved quickly. Good luck!