Can I Sue a Driver If the Police Didn’t Assign Fault?
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If you’ve recently been involved in a car wreck and the police did not assign fault, you should still consult a car accident lawyer about the incident. It is not uncommon for people to seek compensation despite no fault being assigned by a police officer.
Why a Fault Designation Exists
Car wrecks are disorienting and traumatic experiences that often happen in the blink of an eye. After an accident, it can be difficult to determine which party was at fault.
Furthermore, fault is not always decided in absolutes. Sometimes, both parties can be partially at fault.
Fault is assigned primarily to assist insurance companies in determining proper compensation for their clients after an accident. Insurance companies invest heavily in staff that is trained in valuing and negotiating settlement, and are quite skilled in justifying who they think is at fault.
However, insurance companies may not have your best interest in mind when determining fault. If their investigations contradict your interpretations of how a car accident took place, it is highly recommended that you seek a lawyer to conduct their own investigation to help you recover the compensation you deserve.
Police vs. Insurance Companies vs. the Court
After a car accident, fault is separately determined by the police, the insurance companies involved, and the court. The court will only get involved if a lawsuit is filed. In the beginning, the primary concern will be the police and insurance.
Police determine fault by attending the scene of an accident, and analyzing the aftermath. Their determination can take account of injuries, property damage, witness accounts, weather conditions, and more.
If police determine one party is at fault, that can be used in a negotiation or lawsuit as evidence. However, it is not necessarily the sole determinant of the outcome of the case.
After a police report is filed, insurance companies deploy trained adjustors who conduct investigations. These adjustors piece together a report and make a fault determination of their own. In most cases, the fault determined in a police report will be maintained, but there are exceptions where an adjustor’s investigation can reveal compelling evidence that contradicts the police determination of fault.
Challenging Fault Determination
If you have been in a car accident or suffered an injury from another type of incident, you may not necessarily agree with the police or opposing insurance company’s determination of fault. If this is the case, it is highly advisable that you reach out to an experienced personal injury lawyer to learn about how they can conduct their own investigation and decide if fault should be challenged.
Get Help from Colorado Springs Auto Accident Attorneys
At Zinda Law Group, our Colorado Springs injury lawyers are experienced in handling all types of car accident cases. We will fight tirelessly to help you seek the compensation you deserve. You will pay nothing unless we win.
Call us today at (800) 863-5312 for a free consultation with one of our Colorado Springs car accident attorneys.
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