Assessing Fault in an Accident
Two weeks ago, I was involved in an accident when another driver tried to cut me off and ended up sideswiping me. While his SUV only sustained a minor scuff, my Outback suffered a significant dent on the front driver’s side, between the headlight and wheel. My insurance agent mentioned that fault is usually established through photographs of the vehicles involved. However, the other driver has not been cooperative in sharing his photos. I do have a picture of his car taken on the night of the accident that I submitted.
I believe the evidence clearly shows that I am not at fault. My insurance company informed me that it could take months to reach a conclusion on fault. I’m concerned about what will happen if the other driver’s insurance never accepts liability. In situations like this, how does it typically play out, and can photos really establish fault?
It sounds like a frustrating situation, and I’m sorry you’re dealing with this. Unfortunately, disputes about fault in accidents can sometimes lead to lengthy processes, especially when one party is uncooperative.
In most cases, fault is determined based on the evidence available, which includes photos, witness statements, police reports, and sometimes even traffic camera footage. The photos of both vehicles are indeed crucial, as they can demonstrate the positions and damages of each car during the incident.
If the other driver’s insurance is not admitting fault, here are a few steps you can consider:
Document Everything: Keep a record of all communications with your insurance and the other driver’s insurance. Maintain copies of all photos, reports, and any statements from witnesses.
Police Report: If a police report was filed, it may indicate fault and can be a key piece of evidence.
Negotiate with Your Insurance: Keep in regular contact with your agent. They might advocate on your behalf or provide advice on how to expedite your case.
Consider Legal Advice: If the situation does not resolve and impacts your ability to get repairs or coverage, consulting with an attorney may be beneficial. They can provide guidance on how to proceed based on your state’s laws.
Claim through Your Own Insurance: Depending on your coverage, you might consider filing a claim through your own insurance, which could help expedite repairs while they work to recover the costs from the other driver’s insurance.
Photos can certainly help establish fault, but ultimately, the insurance companies will rely on all the evidence they gather. If the insurance company does not come to a resolution, it could escalate to arbitration or even court, depending on your coverage and state laws.
Stay proactive and continue to follow up, and I hope you get this resolved quickly!