Proving fault after a car accident


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By Grace Hickman

on Friday 1 December 2017


two men by car

Proving that a car accident wasn’t your fault

Being involved in a car accident can be extremely stressful, especially if it wasn’t your fault and was caused by a negligent driver. Often, demonstrating that it was not your doing can prove to be rather difficult.

With so much going on at the time of the incident, it is easy to forget to record the details; therefore it is important to have something available, such as a mobile phone, to take note of the following factors:

  • A description of the driver’s appearance and their information, including their name, address, car insurance details, make of their car, the model, colour, and registration number. It is against the law for a driver to decline your request of exchanging details after a crash, and if they do there could be a chance that they are driving without insurance. In this instance, call the police immediately.
  • The scene of the accident: if possible, get photographic evidence of the scene of the collision and take pictures of road signs and other surrounding markings. Investing in a dash cam may also be a good idea in providing visual evidence of the incident.
  • Reference numbers and names of police officers that might be present at the scene.
  • Contact details and descriptions of witnesses: make sure you retrieve this information before they leave the scene of the incident.
  • Whether there are any CCTV cameras nearby (you may be able to collect the footage later on).

This information will help you when it comes to informing your car insurance provider of the accident and will support your case in proving that the accident was not your fault, but the fault of a negligent driver.

 

What to do if your injury prevents you from taking note of any details

If you are too injured to record any details, whoever you appoint to act on your behalf, be it a witness or someone else involved in the car accident, they should be able to liaise with the police to retrieve the other driver’s details, including the information of any potential witnesses and a copy of the police report.

 

Admitting primary liability and contributory negligence

Whether or not the other driver admits fault for the incident, there is always the chance of them accusing you of being liable. This could lead you to be seen as what’s termed the ‘contributory negligent driver’, meaning that you are partly to blame. If this can be proven, then you may end up receiving a lower settlement:  for example, if you were found to be 50% to blame, then subsequently, your payment amount would be reduced by 50%.

In any situation, it is imperative that you attend Court and provide evidence in supporting your personal injury claim for a non fault car accident. With this in mind, you should seek out an experienced road traffic accident solicitor who can help fight your case.

Providing that you need support with proving injuries, whether severe or not, you should seek medical attention from your GP or visit the hospital if you would prefer: this should be done immediately. Your injuries should be noted on your medical report, which you will need a copy of for proof during the claims process later on.

For further information on this, contact us at Non Fault Claims for free today to speak with one of our experienced advisors who are ready to help and can assess all sides of the case professionally.

 

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