When an auto accident occurs, both parties can be quick to assume that the other driver is at fault. It is very important in accident cases to rely on official proof to determine who is to blame for the collision. If the other driver's insurance company is trying to pin the responsibility on you and you are certain that the other driver caused the crash, there are some specific steps you can take to prove it. These steps include the following:
Obtain a copy of the police report to determine if the officer who responded made any mention of fault. He or she may have noted that a certain traffic violation occurred or that the other driver was actually issued a ticket.
Research state traffic laws to determine if the other driver violated any traffic laws. It is common for traffic laws regarding speed limit, right of way or no-passing zones to be disregarded by careless drivers.
If you were rear-ended by another driver or struck by a driver making a left turn while you were going straight, that driver is automatically at fault. There are rare exceptions, but the other driver has to prove that he or she meets them.
At Barasch, McGarry, Salzman and Penson, a New York City personal injury law firm, we advise our clients not to give a statement to the other party's insurance company without speaking to us first. These statements are often coerced and can be used against you later. Our attorneys are accustomed to dealing with insurance companies and are not intimidated by them. Our years of experience have taught us that most auto insurance companies are more interested in protecting company assets than providing you with fair compensation. When you work with us, we fight for your right to receive it.