By Ty McDuffey, J.D. | Legally reviewed by Katrina Wilson, Esq. | Last reviewed June 30, 2023
This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.
The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area.
After a car accident, insurance companies want to know who was at fault. Fault usually determines who is responsible for covering any damages caused by the accident.
While it is certainly possible to prove fault or liability for a car accident without a police report, you should always get one, if possible. Having the accident report can make proving fault after an auto accident a whole lot easier.
Police reports can provide helpful evidence of fault in a motor vehicle accident. They are a law enforcement officer's official account of what happened.
Reports often include detailed observations about the scene of an accident, such as:
Police reports can also include witness statements, the officer's opinion of how the accident occurred, and whether a driver was issued a citation at the accident scene. All of these details can be used by insurance companies and personal injury lawyers to determine fault.
However, police officers don't come to all accident scenes, especially when accidents are minor and there are no injuries. In these cases, accident victims can use other evidence to show fault.
One of the parties involved in the accident (perhaps the at-fault driver) may ask the other party not to contact the police for some reason. Not contacting the police can be a mistake. Despite whatever promises a party may make on the scene, without police involvement, they may be tempted to change their story about what happened later or give you false identification and contact information.
Fault has to be determined without a police report in many accident claims. When they don't have access to police reports, insurance companies gather information and evidence from all parties and any available witnesses.
That's why motorists are wise to gather their own evidence after an accident by taking photos and/or video, getting copies or photos of identification and insurance documents, and obtaining contact information from other drivers and witnesses, in addition to taking other steps to protect their claim.
Sometimes, the law assumes fault based on the type of accident that occurred. For example:
Motorists who are unsure whether or not they're at fault should review their state's "Rules of the Road," which can often be found on the local DMV's website, in the state's highway manual, or in your state's Motor Vehicle Code (available in FindLaw Codes) for the law that applies to the type of accident that occurred.
Car insurance companies determine fault based on the evidence presented to them, which can include:
They will consider traffic laws and any violations that happened at the time of the accident.
An insurance adjuster's job is to investigate your accident, assess the damage, and determine how much the insurance company should pay for your losses. They will review the police report, any photos or videos, witness statements, and more. They may also negotiate with the other driver's insurance company if there's a dispute about who was at fault.
Comparative negligence allows a party's fault for an accident to be measured in terms of percentage. Your percentage of fault will reduce the amount you can recover from the other party. If you're found to be 30% at fault for an accident, for example, you could still recover 70% of your damages from the other party.
If the other driver doesn't have a license or insurance, you should still get as much information as possible, including:
Notify your insurance company and the police department about the situation, and an experienced attorney can help guide you through the next steps.
Your car insurance may cover some of your medical bills, depending on your policy. If the other driver was at fault, their insurance might also be responsible for some of your costs. However, in some cases, you may need to take legal action to get full compensation.
Yes, you can. Evidence that can help prove to the insurance company that the other driver ran a red light includes:
Usually, a property damage adjuster from your car insurance company will assess the vehicle damage after an accident. They will estimate the cost of repairs, which the insurance company will use to determine how much to pay for your claim.
At the scene of the accident:
If you are injured, seek medical attention immediately.
Generally, if the other driver was at fault and their insurance company accepted liability, you will not have to pay your deductible. If you live in a no-fault state, however, you will have to pay your deductible even if the other driver was at fault. It's always a good idea to check with your insurance company.
Laws regarding fault vary from state to state. Most states have "at-fault" laws, while a few others have "no-fault" laws. States also vary in the way they treat negligence, which is a type of fault. It's crucial to understand state law before fault in your injury claim can be assessed.
Meet with a local car accident attorney to learn more about proving fault, insurance claims, and legal options after a vehicle accident during a free case review.
Contact a qualified auto accident attorney to make sure your rights are protected.
Get tailored legal advice and ask a lawyer questions about your accident. Many attorneys offer free consultations.