Proving Fault and Damages in a Car Accident: 6 Types of Evidence You Need

Proving Fault and Damages in a Car Accident: 6 Types of Evidence You Need

If you have been in a car accident, you may be eligible for compensation from the other driver’s insurance company. However, to secure this compensation, you must prove the other driver’s fault and demonstrate the extent of your damages. Therefore, you must be able to provide strong evidence to back up your claims.

The insurance company will rely on your evidence and other information to investigate the claims. This is necessary to establish fault and calculate how much compensation you deserve. If you decide to take legal action, the court will rely on this evidence as well. 

The outcome of your case, the amount of compensation, and the speed of settlement largely depends on the quality of the evidence you present.

In this article, we explain the six most common types of evidence in car accident insurance claims.

6 Types of Evidence Needed in Car Accident Claims

1.Medical Records and Bills

    It’s always important to get medical treatment immediately after a car accident. Your medical records will show the severity of your injuries and the related financial costs.

    Be sure to obtain and preserve copies of the doctor’s notes, treatment records, prognosis reports, and any other medical documentation. These will show the extent of your injuries and future medical needs.

    Additionally, get your medical bills, including invoices for surgeries, medication, hospital stays, therapy, and other related medical expenses. These bills will show the financial impact of your injuries.

    2.Documentation of the Accident

    After an accident, the parties involved often provide conflicting statements, making it difficult to determine who is at fault and calculate compensation. For this reason, you must collect records of the scene of the accident. Be sure to take photographs and videos of the scene before the police clear it. You can lose crucial evidence if you do it after. 

    Capture as much detail as possible. Make sure to document your injuries, vehicle damage, the position of the cars, skid marks, and traffic lights and signs. Having a dashboard camera can be handy in these situations. Additionally, using a reliable Baby Car Seat can help minimize damage to your car’s upholstery in the event of an accident, ensuring your vehicle remains in top condition for documentation.

    3.Witness Testimony

    Eyewitnesses who saw the accident can provide valuable firsthand information to support your claim. Their statements can back up your version of events and prove liability. 

    Therefore, be sure to get the contact information of any witnesses at the scene.

    Follow up with the witnesses as soon as possible to obtain written statements while the details are still fresh in their minds. An experienced car accident lawyer can help interview the witnesses and get accurate statements for your case. 

    4.Police Report

    When a car accident occurs, the responding police officers will document the crash and produce an official crash report. The report often describes the accident scene and includes information about the parties involved and witness statements. It may also note any traffic violations. 

    While the police don’t determine who was at fault unless they witnessed the incident, their report can support your claim. For example, if the police issued a traffic ticket to the other driver, it can strengthen your case.

    Therefore, be sure to obtain a copy of the police crash report and have your attorney review it.

    5.Expert Opinions and Reports

    Expert testimony can be crucial in establishing fault and damages in complex car crash cases. For instance, an accident reconstruction expert can analyze the scene and provide details that corroborate your version of events, eyewitness accounts, and the police report.

    Also, a medical professional’s report can prove the severity of your injuries, demonstrate the necessary treatment, and show the long-term effects of your injuries.

    Where possible, it’s wise to get expert opinions and reports as these can strengthen your case.

    6.Earnings Records

    If your injuries from the accident forced you out of work, you’ll need to provide evidence of lost wages or lost profit for economic damage compensation. To make a claim for lost wages, you’ll need to present proof of your employment, income, and work hours.

    For this, you can provide things like pay stubs, tax returns, employment contracts, and bank statements. A letter from your employer confirming your work hours and wages can also help.

    Keep in mind that insurance companies often dispute lost wages claims. Therefore, it’s advisable to work closely with an experienced car accident attorney, especially if you’re self-employed, work on commissions, or have irregular income. 

    Don’t Face the Insurance Company Alone

    Presenting compelling evidence is important to proving fault and damages suffered in a car accident. However, securing fair and prompt compensation from insurance companies can be challenging if you’re handling the claim on your own.

    You can get the maximum compensation and a quick settlement by working with an experienced Houston car accident lawyer. Guiding you through the evidence-gathering process, a lawyer ensures you present a strong case for claiming damages.

    Back to blog