Handling an Auto Accident Case on Your Own
All auto accidents are different, yet they have some similarities. As the victim of an auto accident, you must prove the liability of the other driver and the extent of your damages. Points on liability will be highlighted here, and you can read about injuries and proof in our section Your Injury Guideline.
Establishing liability in an auto accident means proving the other driver did something illegal or improper, and that you did not. Notice that the operative word is proving, not simply arguing, or asserting you are in the right. There are several methods of developing proof in an auto accident liability case.
Has a police report been prepared, and is it favorable? Police reports can be a powerful tool in proving your case, although they are not the only proof you should gather. Please review the links Police Officer Reports and Police Officer Bias for details on what to look for in auto accident police reports. A favorable police report is the first step in proving liability.
- How did the auto accident occur?
- Were you reared, or sideswiped by a lane change?
- Did the other driver turn in front of you?
- Was the other driver speeding?
These auto accidents are governed by California statute. You can internet research the “Vehicle Code for California”, or by searching the “California Laws That Control Autos and Highways”. Look at the table of contents for the type of action taken by the other car to determine the law applicable to your personal injury case.
It is very important that you gain useful statements from witnesses, both favorable and unfavorable to your case.
You may wish to obtain a recorded statement to preserve your proof. See the Importance of Recorded Statements on the reasons to record a statement instead of simply having a written statement.
To prepare yourself, you need to know what questions to ask, and how to ask them.
See Interviewing an Auto Accident Witness and Keeping a Witness from Ruining Your Case. Witness statements are crucial to proving your case because they offer the “unbiased” version of your auto accident. However, not all witnesses are unbiased. If you suspect a biased witness and need to know how to deal with that witness, see Witness Bias to prepare yourself.
Your version of the accident is important to establish.
Your version should be truthful, and to the largest extent possible, should match the police version, and that of the other witnesses. Our attorneys often recommend that the client not give a recorded statement to any insurance company.
Further, be careful because anything you write to an insurance carrier about your version may be used later against you if it turns out to be inconsistent with the accident facts. Review your version in comparison with all witness investigations to make sure your version makes sense and complements their versions. To help you formulate your version, see Keeping Your Auto Accident Version Simple.
You may need to hire an accident investigator or accident expert.
We caution against this by an amateur. Experts vary in qualifications, specializations, and abilities. Therefore you should be very careful when trying to advance your case in this manner. You may need to hire a professional to handle your case.
Once you have assembled all the evidence collected from the scene, the statements of witnesses, and the police report, you should then try to explain concisely to the insurance company why you are not liable compared to the other accident driver.
No case is “automatic” on liability. If you were rear-ended, the other driver may assert you stopped suddenly. If the other driver turned left in front of you, the insurance company may argue you were speeding.
Therefore, it is important that you confirm not only that the other driver was wrong, but that you also did nothing wrong to contribute to the accident. Remember to avoid giving your version of events, if possible. If the police report quotes you accurately, give that to the insurance company in lieu of your statement, and give the other evidence you collected.
Submit your analysis in writing. Require that the other party explain away evidence you obtained in your favor. Negotiating from factually accurate evidence is stronger than simply giving liability opinions.
What if the insurance company for the other driver verbally agrees that you are not liable?
Do your investigation anyway, unless the adjuster is prepared to state in writing that they are not contesting, and will not contest liability. No verbal agreement on liability is enforceable, and you do not want evidence to be lost, or memories to fade.
These guidelines are aid and do not replace the efforts of a competent personal injury or accident attorney. If you would rather that we consult with you or handle the matter for you, feel free to call for a free consultation at 1-888-752-7474 or Contact Us Online.
