What happens if a police officer doesn’t assign fault in an accident?
Car accidents occur for several different reasons. Perhaps the driver was looking down at their cellphone when they should have been keeping their eyes on the road or another motorist ran a red light which resulted in them colliding into the back of you. While it might seem obvious to you why the accident occurred, sometimes, when police are called to the scene, they fail to assign fault as to who caused the accident.
When this happens, they generally include in their report that the accident transpired for one or more of the following reasons:
- Adverse weather conditions.
- Hazardous roadway conditions.
- Another reason contributed to the accident aside from you engaging in any sort of negligent action.
And if your accident didn’t result in injury but did result in some damage, if fault wasn’t assigned, you might want to find ways you can add to the report so that the outcome shows you didn’t cause the accident, rather, someone else did. Sometimes witnesses or bystanders saw the entire crash which serves as one form of proof that can be used to help determine who was at fault. This proof is also something you are going to want to share with your insurance company so they can use this when determining how they want to process your claim and whether you should be compensated for the accident.
Although most police reports will include who caused the accident, whether it was you, the other driver, or you both contributed to it, sometimes they won’t and you should be prepared to handle the situation to avoid not being fairly compensated from your insurance company.
If you are having an issue where your insurer or that of the other party involved is claiming you initiated the accident, let one of our qualified Evansville, Indiana accident lawyers help you proving you did not contribute to the accident occurring.
What does my insurance company do with a police report from an accident?
Once an insurance company receives a police report, they will use this along with other corresponding documents to determine:
- Where the accident occurred.
- Why the incident transpired.
- Who was involved.
- Who is at fault for causing the collision.
- How much your accident entitles you to collect.
The insurance agent handling your case will then use the information to determine what your role was in the accident and how much your damages such as injuries and property damage is worth. Indiana does follow the comparative fault law which means your settlement will depend on the percentage of fault you share for contributing to the accident. If you played no role, then you should receive your entire settlement, however, if you were found to be 30% at -fault, your settlement is reduced by this percentage.
Comparative fault can sometimes be difficult to determine, especially when working with a percentage scale so be sure to have an Evansville, Indiana accident lawyer overlook your documents and settlement offer before accepting anything or agreeing to the outcome the insurance company has derived at.
We recommend that you schedule a free consultation with an accident lawyer of ours who provides their legal services to those living in Evansville, IN. They will inform you on what your accident permits you to receive, how the state laws can affect your claim outcome, and how they can helpful to your accident case.