Rules Relating To Instances of Partial Fault

What do insurance companies do if one driver admits that he or she might have been partly at fault for a given accident? Does the insurer say, “Thank you; we appreciated your honesty”? No, that is not at all what most insurers do.

Rather than feel gratified for the admission of partial fault, the head of the insurance company often feels inclined to question the admission of partial fault. In fact, the insurer usually doubts the veracity of the inclusion of “partly” in the statement regarding the driver’s actions. The insurer’s doubts arise from that fact that he or she normally believes that the word “total” should have replaced the word “partly.”

Evidence that any driver can use, in order to fight an insurer’s false accusation

Statements from witnesses that support driver’s own statement: It helps to get the names of witnesses at the scene of the accident, along with their contact information. Drivers that have that information can share it with an attorney.
Facts that can be used for reconstruction of the crash: Notes containing such facts should mention things like the number of lanes on the road, the time of day when the vehicles collided and the weather conditions at that same time. A lawyer can use such details to reconstruct the erratic movements of the vehicles in the moments before the crash.

Photographs: There are two types of useful photographs. The most helpful pictures are the ones that have been taken at the crash scene. Still, any picture of the damage done to the colliding vehicles offers some insight into what happened. That is especially true if the collision of interest occurred in a parking lot.

Video footage from a camera: An Injury Lawyer in Stouffville may be needed, in order to obtain this piece of evidence. Lawyers understand how to speak with store owners and restaurant owners, in hopes of finding some footage that shows what happened at the time of a specific collision. Understand, though, that no camera has a lens that can see through a tree, if one stands along the light path running from the scene of interest to the camera’s lens.

An inspection of the damaged vehicle: This could aid discovery of a piece of evidence. An inspection might focus on some area of damage that had not been too clear in the presented photographs. An inspection might also include a close examination of the vehicle’s windshield.

Some states demand inspection of certain vehicles, asking that a sticker be put on the windshield of the inspected vehicle. Suppose the plaintiff drove a car with an out-dated sticker; what would that mean? That would appear to show that the plaintiff bore some responsibility for the resulting crash.