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Determining Who’s at Fault in a Car Accident

Determining who’s at fault in a car accident can be tricky because many times it’s a “he said, she said” situation. This is why it’s important to always call the police when you’re involved in a traffic incident, even if your car had no damage.

I recently heard the story of a friend who was driving in the right-turn lane on Ninth Avenue and had a dealership vehicle run into her. The dealership vehicle was being driven by a customer at the time and the salesperson was riding in the passenger seat. The salesperson immediately jumped out and began accusing my friend of causing the accident.

She had done nothing wrong, but the salesperson tried to intimidate her into accepting responsibility on the spot. She refused to discuss it with him and told the salesperson she was going to call police to file an official report. He became upset and continued trying to intimidate her into handing over her insurance card and drivers license. He even went as far as to berate her for involving the police.

When police arrived and looked at the scene, they concluded that the dealership vehicle had illegally changed lanes and told my friend she did the right thing in insisting that police come to the scene. Her vehicle had no damage, but the dealership’s test drive vehicle had body damage from striking the other vehicle’s fender. It was no doubt thousands of dollars worth of damage and loss to the dealership, and the salesperson seemed determined to file it against my friend’s insurance regardless of who was at fault.

A police report will play a significant role in helping an insurance company determine who’s at fault and who will be responsible for damages. But everything doesn’t always work out exactly as expected. Sometimes a driver or passenger has injuries that are outside the limits of what an insurance company agrees to pay. Or there could be problems or inconsistencies with the police report.

This is why it’s critical that every driver be aware of accident “road rules” that help protect you in the chance you’re involved in a car accident. You can’t plan for an accident so at least plan for what you would do if an accident was to happen:

Before the Accident

  • Have an updated copy of your insurance card in your vehicle. Replace expired insurance cards immediately
  • Have a pen and paper available in your vehicle to document the accident and take notes
  • Have a well-charged phone with camera to take photos
  • Have the phone number and name of the place where you would want your car towed
  • Have your attorney’s number programmed into your phone

Immediately After the Accident

  • For safety, if you’re on a busy road do not exit your car unless everything is clear or you could be hit by other cars
  • If you can, call your preferred towing company and let them know the location of the accident and where to tow your vehicle. (They won’t be able to tow it until after police have investigated).
  • If you don’t have a tow company preference, let the tow truck that arrives on scene know where they should deliver your vehicle. If you do not specify, they may take it to a place far from where you want it and may charge higher rates

If you sustained a possible injury:

  • Do not move and do not exit the car unless there is a danger of fire or explosion
  • Call 911 and let the dispatcher know if you need emergency assistance for you or anyone else at the scene
  • If you are injured and a passenger is not, ask them to carefully photograph the exterior both vehicles
  • If you have your attorney on speed dial, contact them and they may be able to send a representative to photography the scene

If the accident was very minor and you are not injured:

  • Once the roadway is clear, use your camera to take photos of your vehicle and any other vehicles involved in the accident
  • Ask the other driver for their license and insurance, and record the details or take a photo
  • Take a photo of the other vehicle’s license plate
  • Do not make an informal arrangement with the other driver to not call the police. Even if neither vehicle appears damaged and no one appears injured, this could backfire on you

Basic Rules:

  • If the accident is serious and you are able to use your phone, call your attorney.
  • If your attorney agrees to meet you at the scene of the accident, inform the police officer. If they begin to ask you questions, tell them you need to speak with your attorney first
  • If photos are being taken, shoot around the accident area, such as location of light poles, traffic lights, buildings or obstructions, and the positioning of the vehicles involved in the accident
  • Do not admit fault, even if you think it is your fault. There may be other factors you are not aware of, such as the other driver could be drunk or impaired or they could have a mechanical fault in their vehicle that contributed to the accident
  • Do not discuss your injuries or lack of injuries with the other drivers
  • Communicate your injuries clearly to EMS or police when they arrive so you may receive proper medical care
  • Do not engage in a conversation with the other driver about the accident
  • Remain calm and don’t engage in an argument or debate over who is at fault
  • While waiting for the police or EMS to arrive, write down everything you remember about the accident, in chronological order. Be as detailed as you can
  • If you do not have an attorney and do not wish to have one, communicate clearly to the officer what happened before and during the accident. Refer to your notes if it helps you clarify

After the Accident:

  • Alert your insurance company, but do not admit fault or get into an at-length conversation about the accident
  • Ask if your policy allows for rental car service while your vehicle is repaired
  • Stay in contact with your attorney and wait for their instructions
  • Do not accept calls from any other drivers or their passengers involved in the accident
  • Do not accept unsolicited calls from attorneys or attorney representatives that you do not already have a relationship with
  • If you feel you have a legal issue and you didn’t call your attorney while on the scene, call your attorney now
  • If you do not have an attorney and want one, you can call, email, or chat with us, or you can search for another attorney of your choice

 

If you would like to find out more about having Getz & Braverman, P.C. represent you or provide legal advice, email, live chat, or call us at 718-618-5567. We also accept text messages at 917-734-7583.

There are many sources of legal information available online. These articles and information on our blog and website do not constitute legal advice. “Attorney Advertising” and prior results do not guarantee a similar outcome. We adhere to all confidentiality requirements, but until we have accepted your case, no attorney-client privilege is established. The choice of selecting an attorney is an important personal decision that should be carefully considered. If you need legal advice, please contact an attorney directly.

Some of the case summaries, reports of past results and individual lawyer biographies on this website describe past matters handled for clients of the Firm. These descriptions are meant only to provide information to the public about the activities and experience of our lawyers. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our lawyers.

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