For every car accident that takes place on UK’s roads, there is always one driver mainly at fault – however, making a driver admit liability is not always straight forward.
Deciding who is at fault after a road traffic accident is the determining factor for which party is responsible for expensing the damage repairs. Therefore it is crucial that the accident is adequately assessed to ensure the correct driver accepts blame.
Ultimately, the drivers' insurance companies will make the final decision regarding their driver's claim. However, with supporting evidence, you can avoid having to pay out on your insurance when you’re not at fault.
When considering your claim, the obvious check is to try and establish whether traffic laws have been broken – did a driver skip a red light or travelling at excessive speed when the road accident occurred. These observations are not always easy to prove and would usually require witnesses to the accident. Witness statements need to be documented by the Police to support a claim and to provide necessary contact details.
In most cases, a driver who hits another car from behind is at fault. Likewise, a driver taking a left turn is most often blamed for any accident that results from this turn.
Police reports and insurance claims often reference one driver's admission of guilt after an accident. If one driver says something like, "I'm sorry for hitting you" or "I didn't see you," assign him or her all or most of the blame for the accident.
Legally, driver negligence is the justification for requiring one driver to reimburse another for damage caused in an accident. Negligence is defined as breaching a certain duty and thereby causing damages. In terms of an accident, this means that one driver failed to do (or not do) something that he or she should have done, resulting in an accident causing damages.
Have you been involved in an accident recently and experienced problems proving a driver was at fault? Do you need claims management? Share your experiences below by leaving your comments and suggestions for fellow drivers.