Do I still have an accident claim if there was no fault given or I was partially to blame?
If you’ve been involved in a motor vehicle collision that isn’t your fault, BUT the officer does not state whose fault the collision was or doesn’t issue a citation to either driver, your claim is not necessarily dead. When an officer reports to a collision, often times the cars have been moved, a driver or passenger may be getting transported to the hospital, there are no witnesses sticking around, and the officer doesn’t have any direct knowledge of how the collision occurred other than both of the driver’s stories. There’s also the possibility that the other driver was in the wrong and has now changed his or her story when being questioned by the police officer.
Even if the evidence of the wreck has been altered before the officer arrives, and even if the other driver changes his or her story, you may still file a claim with both your insurance and the other driver’s insurance.
At minimum you will at least have a claim for no-fault Medical Payments/Personal Injury Protection coverage on your own policy if you have it on your policy. In Arkansas, you must reject it in writing to the insurance carrier at the time of getting your policy or you are entitled to the state minimum of $5,000. You can also opt in and pay a monthly/yearly premium to add the $5,000 coverage to your policy.
In Arkansas, you must prove to the jury that the other driver is at least 51% at fault for the collision. While a citation given to the other driver or a finding of fault by the investigating officer may be helpful in proving the facts surrounding the collision, it is by no means a prerequisite to filing a claim, or definitive winning proof for or against your claim.
The officer didn’t witness the accident. The statements of the parties, statements of witnesses, crash reconstruction experts, the general logic of how the collision occurred, light sequences if the collision happened at a stop light intersection, and various other sources of evidence may exist to bolster your claim. Even if the officer doesn’t give a citation or find the other driver at fault for the collision, you may still have a claim.
Let the attorneys of Rainwater, Holt & Sexton investigate your claim and analyze the facts and evidence surrounding your collision before letting the other driver’s insurance company tell you that you don’t have a claim.