A common misconception is that the police report will establish fault. It is actually the insured’s insurance company who determines fault, not the police officer who takes the report. Police officers may cite a driver if they have been found to have violated traffic laws; however, it is the insurance companies involved who will make the final determination. An investigation will be conducted to determine who was responsible, and if there were any contributing factors.
Once an auto insurance claim is filed, finding who is at fault is the top priority. Many times it is not obvious right from the start as to who caused the car accident. In fact, both parties may bear some responsibility, and that will be the job of the investigators to set the percentages of liability.
A head on car crash most often includes a lane departure which ends in serious injuries and property damage. One of the goals in the investigation will be to see if road conditions were at all contributory to the car accident. Things such as improperly marked roads, poor signage, rough pavement may all cause a head on collision.
Remember that it is the job of the insurance company to pay out as little as possible, they certainly do not have your best interest in mind. They have their bottom line in mind, and will want a quick, cheap settlement. This may not be what is in your best interest, however.
Head on car crash victims often have very serious, life changing injuries. An experienced personal injury attorney will be needed to help you maneuver your way through the complex legal system and get the right settlement from the insurer. If it wasn’t your fault, you need an expert team to help you reach a fair settlement in your head-on collision lawsuit.