Proving Fault in an Accident Without a Police Report

When a car accident occurs, especially one where no one is injured, the need for a police report can be questionable. However, proving fault without a report is not straightforward, and consulting a personal injury attorney is recommended for guidance.

When Do You Need a Police Report?

Unless there is a fatality, the police do not usually investigate accidents or decide who is at fault. This task is typically left to insurance companies. If no one is injured and there is no harassment or assault, a police report is not necessary, and there's no need to call 911.

Situations Without a Police Report

Without a police report, you have the freedom to provide your insurance company with any information you wish. However, this also means you can potentially omit details that place you at fault. A dash cam can be a valuable piece of evidence for your insurance company.

Proving Fault Based on Circumstances

Proving fault in an accident largely depends on the circumstances. For example, if one vehicle collides with the rear of another, it is usually the fault of the rear vehicle for following too closely ('tailgating') or traveling too fast to be able to stop in time. Dash cam videos, as well as traffic signal videos, can provide crucial evidence.

Common Ways to Prove Fault

Similar to how accidents are investigated, fault can be established through a combination of factors:

Photos taken at the accident scene, preferably before the vehicles are moved. Physical evidence such as skid marks or damage to the vehicle. Accident scene diagram and measurements. The law in that jurisdiction.

It is the responsibility of the insurance companies and courts to determine who is at fault. However, presenting evidence can greatly assist their decision-making process.

Creating Your Own Accident Report

To create your own report, follow these steps:

Take photos of the vehicles at the scene, preferably before they are moved. Collect witness statements and get their contact information. Write a factual narrative of what happened as soon as possible after the accident.

Your report should include:

Date and time of the accident. Your vehicle direction and lane number. The speed you were traveling or any details about stopping. The weather conditions, whether it was day or night. Any statements made by the other driver. Details about any other witnesses and their contact information. Information about the traffic conditions at the time of the accident.

This self-reported account serves as a contemporaneous record of the events, which can be useful both for your insurance company and in any court proceedings if necessary.

Conclusion

While proving fault without a police report can be challenging, taking proactive steps to document the accident and gather evidence can significantly help in assigning blame. Consulting a legal professional can offer valuable guidance and support in these situations.