Legal Question in Insurance Law in California

How to find out whose at fault in an auto accident?

My friend got into a car accident where she was the only person in her vehicle. The other party had 4(including the driver). There was nobody injured. When the police came and fill out the report, he founds that both parties are reporting two totally different story of how the accident occurred. The police didn't indicate of how the accident happened, no diagrams, but just merely information about both parties and where the accident occurred. He obviously know somebody lied about how the accident happens and noticed both parties that it is against the law to lie to the police. He further told both parties that the accident will be investigate by the insurance companies. My questions are: 1. How are the insurance companies going to investigate? 2. What if they found that we were not telling the truth? 3. No witness are identified on my friend's side, but they have three other passengers, do they considered as witnesses? 4. Should we consult an attorney for this case?


Asked on 11/08/03, 11:14 pm

1 Answer from Attorneys
Joseph Richardson Borton Petrini LLP

Re: How to find out whose at fault in an auto accident?

The insurance companies investigate because they don't want to pay out money unless they have to. If the other person has 4 people in the car, but based on the nature and location of the damage to the cars, their story makes no sense, then perhaps things will not be determined in their favor. People have accidents and give different sides of the story all the time. If there is a dispute, however, and the insurance companies' respective investigations put them at odds(that is, they each agree with their insureds), then the case may be headed for litigation. I wouldn't worry about criminal charges for lying unless there's malice or fraud involved. Is there?

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Answered on 11/13/03, 11:33 pm


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