When The Other Driver Is At Fault

by Anna Glendenning | More from this Blogger

07 Apr 2006 11:33 AM

So far, in this series of Blogs we have discussed the basic steps to take at When You Are Involved In An Auto Accident and Things You Should Say At The Scene of an Accident. In this Blog let's talk about the steps to take when you are 100% sure, the other driver is 100% at fault for the accident.

The most important thing to remember about the fault of an accident is that in some States percentage of fault can be assigned to both drivers. In many cases, when an insurance claim is settled both drivers will be deemed at fault to some degree or another. How do you know when it is cut-and-dry not your fault?

There are actually very few situations where an auto accident will turn out to be all the fault of one driver. Usually, this is a situation where someone hits your car with his or her car and you aren't even in the car. For example, when you are in a shopping center and someone backs into your parked car.

In nearly all other cases, if you are sitting in the driver's seat, you may be held partly responsible for an accident, even if you feel it was not your fault in any way. If you are convinced that the accident isn't your fault, be sure to look for witnesses and ask if they will talk to the police when you make a police report.

Sometimes, at the scene of an accident, everyone is clear about what actually happened, and the other driver behaves in a way that leads you to believe they have assumed liability for an accident. It is still important to get witness information even when the other driver says, "Sorry I hit you, and I will take care of your damages." It isn't uncommon for stories to change, not always by intent, but sometimes because people review and rethink what happened and naturally create a defensive strategy.

When involved in an accident you are sure isn't your fault do call the police, and ask to make a report. The police may not come to the scene however, you call and request to make a report is a matter of public record at that point. Generally, if the police don't respond to the accident scene you can still file a police report and make a legal statement about what happened.

What if the other driver offers to settle the claim without involving insurance companies? The next Blog in this series will discuss settling property damages without submitting insurance claims.

Photo credit for this blog entry: (no use restrictions for this photo)

Related Blogs:

• No Fault Auto Insurance Basics
• What To Do When You Are Involved In An Auto Accident
• Auto Insurance Policies 101: Optional Coverage-Collision

Glossary of Insurance Terms:

A | B | C | D | E | F | G | H | I | J-K | L | M | N | O | P | Q-R | S | T | U-V | W-Z

Families.com Blogs are for informational purposes only. Families.com assumes no responsibility for consumer choices. Consumers are reminded that it is their responsibility to research their choices properly and speak to a certified insurance professional prior to making any decision as important as an insurance purchase.

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