How to Determine Fault in an Accident

Determining fault in a car accident involves identifying the negligent driver responsible for the crash.

As if being involved in a motor vehicle accident is not bad enough, determining who is at fault can be another problem you do not want to worry about solving.

Sometimes placing fault on an accident is relatively simple. At other times laws can make it tricky to figure out who is at fault in a car accident in Australia. However, the fault must be determined for proper compensation and insurance billing. If you are struggling with placing blame after a car crash, getting car accident legal advice is a smart idea.

Why Does it Matter Who is At Fault?

Determining fault matters for a few reasons:

  • If laws were broken in the course of the accident, legal charges might be filed
  • Insurance companies will need the information for claims
  • If you are not at fault, you need to know where to look for your compensation

How to Determine Who is at Fault in a Car Accident

Immediately after an accident, you will likely be in a state of shock. It is in your BEST interest to be calm and say as little as possible. Even a simple comment like “I’m sorry” can be misconstrued as an admission of guilt.

1. Gathering as much information as possible is an essential first step in placing blame for an accident. Get as much of the following information as possible.

    • Names, addresses, phone numbers, insurance information, driver’s license information of the other driver
    • Names and contact information of others in the car
    • Date and time of day
    • Weather and road conditions
    • If you were stationary at a traffic light, moving, about to turn, and so forth

2. Take pictures and videos of the accident scene. Pay special attention to damage to cars, skid marks on the road, and physical injuries to those involved

3. Record the details of the accident while they are fresh in your mind. Were you hit from behind, about to turn when someone ran a red light or skidding on wet pavement? The police and insurance companies will want to know.

4. Speak to witnesses and get their names and contact information. Witness statements can be helpful if the reports are not contradictory.

5. Write down any traffic citations police issue. If the other driver was cited for running a red light, driving while distracted, or speeding, you have a solid chance that they will be found to be at fault.

6. Make a note of any negligent behaviour from the other driver. Did you notice if they were texting or holding a phone while driving? Did they fail to use a turn signal or not have the car lights on at dusk? Proving the other driver was negligent is a significant factor when it comes to receiving compensation for your physical and emotional suffering.

7. Retain the services of an injury compensation lawyer so you can feel confident your best interests are represented in any investigations of the accident.

What Happens if I Am at Fault in the Accident?

The result of being at fault in an accident can vary depending on the damage and if injuries occurred. Your condition during the accident also impacts your consequences.

At Fault for a Car Insurance Claim

If you are found to be at fault in a motor vehicle accident that results in a car insurance claim, you (or your insurance company) will need to pay for the damages you caused to the other car. If you have a fully comprehensive damage insurance policy, your insurer will pay for repairs to both vehicles. However, if your policy only covers third-party damage, the repairs for the car you damaged will be paid by your insurance. You will be responsible for any repairs your auto may require.

At Fault for a Personal Injury Insurance Claim

Suppose the accident you caused results in personal injuries for the victim of the accident, and they file a personal injury insurance claim. In that case, the Insurance Commission of Western Australia will cover the cost of injuries of the person you injured. Western Australian drivers pay this fee as part of their vehicle registration. However, if you violate the law and breach the terms, the Insurance Commission will pay for the medical injuries to the accident victim and come after you for repayment.

Determining fault in an auto accident is vital to get compensated. You may often be short-changed or forced to bear part of the blame because the other party has vigorous representation. Do not let this happen to you. Contact us at No Fee Injury Lawyers.

Our experienced team of legal experts can guide you through the process of damage recovery and ensure you get proper compensation for the accident. If our lawyers do not win your case, you do not pay.

*Please Note*
The material presented here is for informational purposes only. It is not binding legal advice and should not replace a consultation with a qualified legal professional.