A major factor in who is blamed for a car accident is the opinion of the police who responded to the scene. It is common for the police officer’s version of events to be more reliable than that of either party to the accident. That is why insurance companies usually use the police report to determine who was most likely at fault. The police report can often ‘break the tie’ between two people who claim the other party was at fault.

Other evidence that can be used to determine fault in a car accident includes:

  • Evidence gathered at the scene. When you are in an accident, it is helpful to collect evidence at the crash scene if you can. Take as many photos of the accident scene, car damages, tire marks and vehicle position as you can. The more evidence you can show that points the finger of blame at the other person, the better.
  • Admitting fault. It is very damaging to your case later if you admit any fault at the scene of the accident. When speaking to the police, simply state the facts of the accident as you believe them to be. Even if you think you were at fault, you still should not volunteer this information. Allow the police and insurance companies to draw the conclusion on their own.
  • Witness testimony. If there were witnesses to the accident, what they say to the police can be very important to establish liability.