Collision Report | Fault is not always determined according to a collision report.

Did you know that police and collision reports can be wrong in relation to who is at fault for an accident? Sometimes police reports state that you were at fault for an accident That does not mean that you cannot make a personal injury claim!

Imagine that you are turning left at a light, you have the space to do so, and all of a sudden you are hit by a straight through vehicle that is going 3 times the speed limit? The police or collision report, or even your own property damage insurance may automatically find you at fault just because you were turning left and the left turning driver is usually at fault. However, in a situation like this, the straight through driver is legally at fault for at least a portion of the damages.

Police reports can also be wrong. In Loree v James, 2003 ABQB 685, the Police found that the Plaintiff had caused the collision by crossing the center line. At trial, we were able to use experts to show that in fact, it was the other car that had crossed the center line and caused the collision.

Another situation we see often is that sometimes the other driver make statements that are not completely accurate. There are many times when you might feel that you did nothing wrong, but the other driver asserts they did nothing wrong. This can result in your property damage claims adjuster making a finding of fault against you. However, that does not always preclude you from bringing a claim for your injuries.

We have seen an increase in situations where 2 drivers give 2 very different accounts of the same accident since the collision reporting center was created. It is easy for drivers to go and make a report at this center without having it independently verified.

In situations of left-hand turns, or “he said-she said” situations, or any other time you feel like you are not at fault, there are many ways to prove that another driver was at fault, even if the collision report or your own insurance is saying you were at fault. Engineering reports, witness statements, and Questioning the other driver are all ways that a skilled personal injury lawyer can help you prove fault even if the collision report is not on your side.

It is also important to note that even if you are partially at fault, you can still recover the portion of damages that you did not cause. For example, if you turned left, but the other driver was speeding and there is a determination that you are 50% at fault, you can still claim 50% of your damages from the at fault party.

Not every lawyer wants to take on cases with disputed liability because they are more difficult and take more time and effort. However, at Robinson LLP, we are always willing to go to bat for you in cases with disputed liability to make sure that you recover what you deserve. If you feel that the police report or your own insurance got it wrong, give us a call and we can help advise you on your rights.