Can text messages be used to establish liability in an accident?
I was recently involved in a car accident where another driver attempted to turn left from the middle lane as I was passing at around 30 mph, resulting in damage to my two right doors. The driver apologized, provided his information, and offered to pay for the repairs in cash. However, once the repair estimate came back higher than his offer, he unexpectedly filed a claim against my insurance.
Fortunately, after a 20-minute phone call with some friendly representatives from both insurance companies, it was determined that he was entirely at fault. During the conversation, I learned that he had claimed I was responsible for the accident, which completely confused me. I even asked the rep if it was possible he accidentally submitted the claim in error, but she assured me that wasn’t the case.
If proving liability wasn’t so straightforward, could I have used the text messages where the driver repeatedly apologized and offered to cover the damages as evidence? It’s frustrating that someone who I tried to be understanding with after he nearly caused me serious harm and damaged my vehicle would resort to such a dishonest approach. I felt relieved and thrilled when the ruling was in my favor, but the insurance representative seemed somewhat dismissive when I brought up these text messages.
While it doesn’t concern me now, I’m curious to know if those types of communications can ever influence insurance decisions.
Yes, text messages can potentially be used to prove liability in an accident, especially if they contain admissions of fault or acknowledgment of responsibility from the other party. In your case, if you have texts from the driver repeatedly apologizing and offering to compensate you for the damages, those messages could serve as evidence to support your position that he was at fault.
When disputes arise following an accident, insurance companies often rely on available evidence, including text messages, to establish the facts surrounding the incident. If the other driver acknowledged his wrongdoing in writing, that could strengthen your case.
However, the importance of such communications can vary. Insurance adjusters are often focused on the official reports from law enforcement, witness statements, and other objective evidence. While your text messages may not have made a significant impact in your situation if liability was already clear to the insurers, they could be more influential in other cases where liability is contested.
It’s understandable to feel frustrated about the driver’s attempt to shift blame, especially given his admission of fault in your conversations. If you ever find yourself in a similar situation again, it could be beneficial to keep records of all communications related to the incident, as they may help clarify issues and expedite the claims process.