What Is Considered Essential Evidence in a Car Accident?
Evidence is the backbone of a car accident claim in Massachusetts. Although Massachusetts is a no-fault state, meaning you will seek compensation from your own insurance provider regardless of fault, evidence can still be important to establish your losses and damages. If you were injured in a serious collision, you will need evidence to prove the other driver’s fault. Find out what is considered essential evidence in a car accident case with help from an attorney.
Police Report
It is often in your best interest to call the police from the scene of a car accident in Massachusetts – even a minor accident. Calling 911 means the police will conduct an official investigation and gather key information.
The responding police officer can interview the other driver and obtain eyewitness statements, as well as take official photographs. The officer may also cite the other driver for a moving violation, such as speeding or reckless driving. A copy of the police report is one of the first things a car insurance company will ask for when processing your claim.
By law, you only need to report a car accident to the police in Massachusetts if it causes deaths, injuries or at least $1,000 in property damage; however, notifying the police after any accident can help you gather key evidence. It is especially important to involve the police after an accident involving a drunk driver, uninsured driver, or hit-and-run.
Physical Evidence
A car insurance company will request any physical evidence you have related to your car accident. Physical evidence can take many forms. One of the most common examples is photographs of the scene of the crash.
You or a friend should take pictures and videos of the accident scene, if possible. Photographs of any damage to vehicles, physical injuries, other damaged property and the scene of the accident as a whole can help piece together how and why the car accident happened, as well as prove your physical losses.
Medical Records
It is critical to go to a hospital or emergency room immediately after a car accident in Merrimack Valley. Waiting to see a doctor for a car accident injury can give an insurance company a reason to deny benefits. It can make the insurance company believe your injuries were not very serious or that they arose from an accident that took place after the crash. It could also give an insurance company a reason to blame you for the extent of your injuries. Ask the hospital for copies of your medical records, including x-rays, to serve as proof of your injuries.
Proof of Losses
An insurance company will need to see proof of the losses and injuries you are claiming. If you are demanding the total pre-crash value of your wrecked vehicle, for example, the insurance company will need proof from an auto mechanic stating that your vehicle is a total loss. Proof of your losses can take the form of repair estimates, medical records, medical bills, travel bills, rental car receipts, pay stubs and invoices.
Other Types of Evidence
These are the main types of evidence needed for a car accident case in Massachusetts. Many other kinds of evidence may also be available to help you prove your case to an insurance company. A car accident attorney can help you preserve, collect and present evidence, including:
- Eyewitness statements
- Testimony from friends and family
- Expert witness testimony
- Crash reconstruction diagrams
- Cell phone records
- Black box (in a truck accident case)
You will need enough evidence to fulfill your burden of proof. The burden of proof in a car accident lawsuit is to show the defendant more likely than not caused your car accident. For more information about evidence in a car accident case, consult with an attorney in Merrimack Valley today.