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In all types of accidents, whether it involves a motorcycle accident, bicycle, or a car accident, it is important that it is proved who is responsible (liable). To know who owes damages you have to prove who was negligent or made a mistake. In many cases it is quite obvious to everyone whose fault it was, however, saying it is one thing, and proving it is another. For insurance companies to pay, fault must be proven. Here are some things that can make a claim stronger -
Contrary to what you believe, the cops may not show up at every accident scene. When they, however, they usually fill out some type of official report detailing the accident. They mostly show up at accident scenes where one or more parties suffer injuries, but sometimes they arrive at accidents with no injuries too. If you see them at your accident scene, be sure you ask them about how you can obtain a copy of their report once they file it.
There are times when the cops do not show up at an accident scene. There are places that have limited resources for paying police officers, which leaves the people involved having to report the accident themselves at the nearest police station. Once a police report is filed, the investigators can pick it up and make their own investigative inquiries, and you may obtain your own copy of those reports.
These police reports consist of the officer's written recollections observed at the scene of the accident. They frequently contain solid evidence regarding liability like how fast a car was going, length of skidmarks, and various other observations. The officers will also include any traffic tickets or citations that were given out at the scene.
Police reports are actually some of the most crucial pieces of evidence that you can hand over to your insurance company. It is hard to get an insurance company moving on your claim and issuing accident liability reports until they get a copy of a police report.
The police are not perfect, therefore mistakes can be made on their reports. However, they are fixable. If these mistakes are in regard to a factual error, something like your insurance information or registration, you can have it amended simply by showing them the proper information.
It's a different ball-game when you try to amend a fact that is in dispute, such as who was at fault. There are various procedures that a police department may take in making objections to a report, and these will vary from one department to another. Many times you can just add your own statement onto the accident report. Overcoming a determination of fault is definitely not easy, but also not impossible. You need to consult with an experienced accident attorney regarding the strength of the case.
These law are often referred to a 'the vehicle code'. They are an excellent place to obtain good informational support to bolster your argument and help prove the other person was indeed at fault. This set of laws are usually condensed down into easily readable 'Rules of the Road'. You can usually find a copy at your local DMV. If you have computer access, you can also go online and find them posted on different websites like public law libraries or state government websites, or you can call the Law Office of Matthew C. Hines and have us assist you in this matter.
Once you've located the law that covers your accident, you will be in a much better position to go into negotiations with insurance company of the other driver. For instance, if code exists that relates to 'yielding the right-of-way', it could prove very useful in litigating a case involving a merging accident. You need to use the code verbatim because incorrectly reciting one to an insurance company won't gain you anything.
In most car accidents there will be one driver who is truly at fault. When this happens, the insurance companies will argue over which driver it is. They will always be looking to settle things quickly.
A rear-end collisions is among the most common accidents today. Anytime another vehicle hits you from behind, it is rarely going to be viewed as being your fault. One of the basic rules of driving says that you must always leave enough room between your car and the car in front of you in case they have to stop suddenly. If a driver was behind you and unable to stop in time, then they were not driving safely.
Anytime a car is rear ended and damaged, and the other car has damage in the front, there will be no argument over who was at fault. The driver in the rear can, however, claim that it was a third party who caused you to hit the brakes faster than should be expected in the normal flow of traffic, or they can claim the car behind them actually pushed them into the car in front. This will not affect their liability for any damages to your car. It's the same with left hand turn accidents, it's nearly always the one making the left turn who is at fault. There are numerous ways to determine who is at fault.
Most minor accidents are usually resolved without the need for attorneys. The drivers just exchange insurance information and it is settled. However, sometimes even a minor accident can involve injuries. If you were injured in a car accident you need an experienced car accident attorney to help you get the compensation you deserve. The Law Office of Matthew C. Hines will review your claim and give you a FREE, no obligation consultation. Call us today at 770-941-0913.
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