How Insurance Companies Calculate Car Accident Settlements

Aug 28

After a car accident, one of the most important questions is often the simplest: Who caused the crash?

Unfortunately, determining fault isn't always as straightforward as one driver saying the other was responsible. Drivers may remember the collision differently. An insurance company may dispute liability. And in a busy place like Dallas-Fort Worth, important evidence can disappear quickly.

The good news is that several types of evidence can help establish what actually happened.

1. Photos and Videos From the Accident Scene

Your phone can be one of your most valuable tools immediately after a crash.

If it is safe to do so, photograph:

Damage to all vehicles involved
License plates
The position of the vehicles
Traffic signs and signals
Lane markings
Skid marks or debris
Road and weather conditions
Nearby businesses or buildings
Visible injuries

Texas Department of Insurance specifically recommends taking photographs of the vehicles, damage, license plates, street signs, and road angles after a wreck.

Video can be especially useful when it captures traffic conditions, vehicle positions, or other circumstances surrounding the collision. Texas law also specifically addresses the admissibility of photographs and videos of vehicles or objects involved in certain collision cases.

2. Witness Statements

An independent witness can be extremely valuable when two drivers tell different stories.

If someone saw the accident, ask for their name and phone number. Don't assume someone else will collect their information.

Texas Department of Insurance notes that independent witnesses can help establish fault and that an insurer may deny a claim when the other driver disputes fault and there are no witnesses or other evidence supporting your version of events.

3. The Police Accident Report

If law enforcement investigates the collision, the resulting report may contain important information about the accident, including statements from the drivers and witnesses and the investigating officer's observations.

Texas law requires an investigating officer to make a written report when a collision results in an injury, death, or apparent property damage of at least $1,000 to one person.

A police report can be useful evidence, but it isn't necessarily the final word on who is legally responsible. A personal injury case may involve evidence that wasn't available to the responding officer.

4. Vehicle Damage

The location and severity of vehicle damage can help tell the story of a collision.

For example, damage patterns may help establish the direction of impact or whether the physical evidence is consistent with one driver's account.

This is one reason it's important to photograph vehicles before repairs are made, when possible.

5. Traffic Cameras and Surveillance Video

A collision may have been captured by:

Traffic cameras
Nearby businesses
Gas stations
Apartment complexes
Parking garages
Doorbell cameras
Dashcams
Other motorists' cameras

This type of evidence can be particularly powerful because it may provide an objective view of what happened.

However, surveillance footage may not be retained indefinitely. If you believe a nearby camera captured your accident, identifying the source of the footage quickly can be important.

6. Cellphone and Electronic Evidence

Depending on the circumstances, electronic evidence may also help establish what happened.

For example, evidence concerning a driver's phone use, vehicle data, navigation information, or other electronic records could potentially become relevant in a serious collision.

Whether this evidence exists and whether it can be obtained depends on the specific circumstances of the accident.

7. Medical Records and Other Documentation

Medical records generally don't establish who caused a crash by themselves. However, they can help document the injuries resulting from the collision and connect those injuries to the accident.

That's one reason seeking medical attention and keeping records of your treatment can be important after a crash.

[INTERNAL LINK — Why You Should See a Doctor After a Dallas Car Accident?]

What If the Other Driver Says the Accident Was Your Fault?

This is where having multiple pieces of evidence can become particularly important.

Fault may be disputed based on conflicting statements, but photographs, witnesses, video, vehicle damage, police reports, and other documentation can help build a clearer picture of what occurred.

Don't assume that because the other driver tells their insurance company a different story, their version automatically wins.

What Should You Do Immediately After a Dallas Car Accident?

The best evidence is often collected shortly after the crash.

If you're physically able and it is safe to do so:

Photograph the accident scene.
Photograph all vehicle damage.
Get the other driver's insurance information.
Get contact information from witnesses.
Write down what you remember while the details are fresh.
Note the location, time, weather, and road conditions.
Identify nearby businesses or cameras that may have captured the accident.
Obtain the police report when one is made.

Texas Department of Insurance recommends documenting the location, time, weather, road conditions, photographs, and witness information as part of the claims process.

When Should You Talk to a Personal Injury Lawyer?

If you suffered significant injuries, the other driver disputes fault, or an insurance company refuses to accept responsibility, it may be worthwhile to speak with an experienced Texas personal injury attorney.

An attorney can investigate the circumstances surrounding the accident, identify potentially useful evidence, and help determine how that evidence may affect your claim.

The J. Bock Firm represents individuals injured in serious car accidents in Dallas and throughout North Texas. If you've been injured in a collision and the other driver is disputing responsibility, contact The J. Bock Firm to discuss your situation and legal options.

Related Resources

[INTERNAL LINK — What to Do After a Car Accident in Dallas: A Step-by-Step Guide]