If 2 cars are involved in an accident, does one of the two drivers have to be cited at the scene of the accident?

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If 2 cars are involved in an accident, does one of the two drivers have to be cited at the scene of the accident?

A gentleman turned in front of me just after going through the intersection. The light was yellow as I went through it and he claimed to the officer that it was red. I was not cited at the scene and the officer was still talking with the other individual.

Asked on June 13, 2011 under Accident Law, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A driver can still be liable for an auto accident without being cited by the police.  The police report will determine who was at fault in the accident.  Once you have obtained the police report and it states which party was at fault, the party not at fault can have their damaged vehicle repaired by the at fault party's insurance. 

If the party not at fault was injured in the accident, that party can file a claim with the at fault party's insurance carrier.  The personal injury claim is separate from the property damage claim.


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