Proof of Liability
When you are involved in an accident there are several things you need to do
at the scene of the accident if you are physically able to and not taken away by ambulance. Take photos of your car before moving it to show where the accident
occurred and how you were hit. The photos should show all the damage as well.
For example, I have a case now where my clients were stopped in the left turn
lane waiting until oncoming traffic was clear so they could make their left turn
The at fault driver leaves her lane going through the intersection and enters their lane
crashing into their stopped car. My clients had the presence of mind to take photos
right after the accident showing their car was lawfully in the left turn lane when
the other car came into their lane and struck their car.
In addition to photos, of course get the insurance information on the other driver
and if you can, get the other driver to admit to you in front of witnesses that it was
her/his fault that the accident happened and why. Hopefully, the other driver will
admit fault to the police as well, but if not, I personally when someone hit me got them to sign a handwritten statement at the scene that the accident was their fault and why.
You should make sure the police come and investigate the accident. Many times they won't if they think the accident is minor or no one is injured. I don't personally take
minor accident cases but if the damage to your car is significant (several thousand dollars worth) and you are injured, it is very important to make sure the police come and do a thorough investigation and a report. Let them know where you are in pain or injured.
Many times at fault drivers change their story after talking to their insurance company
so that is why it is vital, imperative to proving your case that you do everything I
recommended above at the scene of the accident. A jury or judge will believe what a party to an accident says more at the scene of the accident because the accident is fresh in their mind than what a party says weeks or months later. Please follow my advice here to protect your legal rights to compensation.