Figuring Out Fault: What Evidence Do You Need To Sue Someone’s Car Insurance?

Car accidents can happen at any time and can be a traumatic experience. Apart from the physical and mental trauma, there are also financial losses that one may have to bear, like medical bills, car repair costs, and lost wages. In such situations, seeking compensation for the damage caused by filing a lawsuit against the person responsible can be a viable option.

However, before filing a lawsuit, it is crucial to figure out who is at fault for the accident. Fault determination is a crucial aspect of any car accident claim. The person who caused the accident is liable to provide compensation to the other party who suffered damages. In most cases, it is the insurance company of the person at fault who pays the damages.

Here is what you need to know to figure out who is at fault and the evidence you need to sue someone’s car insurance.

Collect Evidence at the Scene
The first step in any car accident is to make sure everyone involved is safe and seek medical help if required. After the medical emergency is addressed, collect evidence from the scene. Take photographs of the damage to both vehicles, the license plates, the location, and any physical injuries. Collect contact information from any witnesses who may have seen the accident happen.

Obtain Police Report
If the accident causes an injury or results in a significant amount of property damage, it is necessary to contact the police. A police report contains valuable information about the accident, such as the time and location of the collision, who was involved, which car was at fault, and any other details about the incident.

Gather Medical Records
If you suffered any injuries in the accident, it’s essential to collect medical records that show the extent of your bodily harm. Medical records can help a lawyer and the insurance company assign damages to your claim. The medical records must be precise and should demonstrate long-term or costly injuries if that is the case.

Consult a Lawyer
A lawyer can review all the evidence and determine whether you have a valid claim against the other driver. They can help negotiate a settlement or prepare you for a trial if needed. An experienced car accident attorney can help you determine the state’s laws for determining fault, the insurance policies involved, and your rights.


Figuring out who is at fault for a car accident is not always straightforward. However, by collecting evidence at the scene, obtaining a police report, and consulting with a lawyer, you can determine the responsible party. Once you have evidence to prove fault, you can file a lawsuit against the at-fault party’s insurance company to obtain compensation for damages you sustained. Remember, in accidents; it’s critical to act quickly, collect evidence, and consult with an attorney to build a strong case.

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