How To Prove You Are Not At Fault In A Car Accident (2020)

Updated October, 2020
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Proving you're not at fault in an accident sometimes is tricky and requires professional help. In most cases, you're able to prove your innocence by gathering evidence and obtaining a police report. Evidence you should acquire is photographs of the scene and car damage as well as witness reports.

What does "at-fault" mean?

If you're found to be at-fault in an accident, your insurance company is responsible for paying for the damage or injuries sustained by the other drivers or drivers and their passengers.

Is someone always at-fault in a car accident?

No-fault car insurance is intended to lower the cost of auto insurance by keeping small claims out of the courts. If you live in a state that allows no-fault insurance, then each insurance company compensates its policyholders for the cost of minor injuries, regardless of who is to blame for the accident.

At-fault car insurance is also known as a tort-based system. This means that the person who was legally at-fault for the accident bears the liability, usually through their insurance carrier, for damages and injuries caused by the crash.

5 Steps to prove your innocence

Proving who's at fault is not always cut and dry. You may have to fight both your own insurance company and the insurer of the at-fault driver. Be prepared to defend yourself. Below are the top 5 ways to prove your innocence:

Never admit fault

Even if said by mistake, admitting you're at-fault could easily stop any recourse you may have. Never admit fault, and be prepared to support your case with detailed evidence.

Gather evidence

Always take pictures of the scene and your vehicle after an accident. If there are witnesses, ask for their statements. Since most at fault cases are hearsay, having physical proof of your innocence goes a long way.

Check for any cameras in the area that might be focused on the location of the accident. If you have a dashboard camera, review it. Try to determine if there were any violations the other driver did such as an expired license, drug use, or drunk driving.

Keep all details

Any bills incurred, or communications between you and at-fault driver need to be stored and added to your evidence pile. Keep all documentation, big and small.

Obtain a police report

Always call the police when in an accident. Police reports are generally helpful in proving who's at fault. Make sure that the report is accurate before using it to defend your innocence. The report will contain diagrams, the officer's first impressions about the accident, and what you and the other driver said about the accident.

Hire a professional

Sometimes it's hard to prove fault for the other driver and your innocence. Consider hiring an expert attorney who specializes in car accidents. They'll know what supporting documents will help your case and what to look for.

Is my insurance good enough to protect me in an accident?

If you're not sure, consider comparing different insurance providers to your own to find out who's able to provide you with the level of protection you need. Don't get caught on unprepared in the life-altering car accident.

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