If I was involved in a car accident and the other driver and I are both claiming not to be at fault, how can fault be determined after the fact?

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If I was involved in a car accident and the other driver and I are both claiming not to be at fault, how can fault be determined after the fact?

I was heading north, he was heading south. I was going straight through an intersection, the other driver was turning across in front of me when we collided. Both of us are claiming to have had a green light at the time. A gave the driver what I thought was current insurance info. I later found out that I was dropped from my insurance prior to the accident. Police arrived but no report was filed. They simply asked for basic personal information. Since his car was still drivable and my car was in a secure location they soon left. How can we determine fault for payment purpose and what do i do next?

Asked on April 17, 2012 under Accident Law, California

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

In New York, a jury would apportion fault. For example, they may find that Driver 1 is 40% at fault and Driver 2 is 60% at fault.  The percentage of fault is then applied to total damages and the damages are reduced accordingly.


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