What happens now?

What is the name of your state? What is the name of your state? Illinois

I was involved in a minor collision that caused very little known damage to the two cars involved. I was stopped at an intersection facing north. One vehicle crossed the four way stop intersection headed west, the other vehicle, a very large school bus, turned to head south but due to an accident nearby traffic was held up and the bus blocked my visibility to the lane it came from. I now had right of way and proceeded to slowly work my way out into the intersection at first (no more than 10mph) and about 1/4 of the way through it I began to accelerate to a normal speed having seen no cars come out thus far and being positive I had right of way. A jeep shot out from behind the bus at a great speed and cut in front of me heading west while I was heading south. Immediately I hit the brakes and sounded my horn. The other driver stopped dead in the road and we made contact at around 5 miles per hour. Her jeep's bumper will need to be replaced and there is a very slight indentation above the right forward wheel well. We called the police and no citatoin was issued, she admitted fault to me and my two brothers but I am not sure if she told the police officer she was at fault. [COLOR=red]Because no citation was issued I wonder if I am liable to pay the damages to her car. Am I? Will my insurance rates go up as well if I may be liable?[/COLOR] Thank you for your time!

[JETX]

Each of the claimant insurance companies will investigate and determine party liability. It often has nothing to do with who might, or might not, have been cited. Then, if you are found at fault, your insurance will pay the claim and your insurance rate will very probably be affected.

You need to pick up a copy of the police report. Even if no citation was issued the report should show who was at fault, even if only partly so. This information is the basis of the insurance adjusters investigation. If you disagree with the police report you can try to have it changed but this is not likely. Even if the officer did not give the other party a citation, if the accident scene led him to believe she was at fault it will be shown on the report. This may end up being a 50/50 thing and both ins co's may pay a portion.

[JETX]

Southernponyboy, sorry but you're incorrect.

1) "You need to pick up a copy of the police report. Even if no citation was issued the report should show who was at fault, even if only partly so."
FACT: It is very common for police to NOT show fault in an accident, since they do not see it at the time. They only report the facts as shown by their onsite investigation.

2) "This information is the basis of the insurance adjusters investigation."
FACT: Insurance companies do NOT use the police reports to establish liability. The insurance company talks to both parties and witnesses (usually by phone and with recorded statements) and then make an independent assessment.

3) "If you disagree with the police report you can try to have it changed but this is not likely."
FACT: Citizens have very little if any involvement or right to correct a report. And once filed, the only way to correct a report is by a supplement.

4) "Even if the officer did not give the other party a citation, if the accident scene led him to believe she was at fault it will be shown on the report."
FACT: Again, if the officer believes one party was at fault and a law was broken, the officer will cite the at-fault driver.

5) "This may end up being a 50/50 thing and both ins co's may pay a portion."
That is certainly a possiblity... but it would be dependant on each insurance companies investigation.

[stephenk]

In California, police reports typically note who is determined to be at fault and no citations are issued.

The rare times citations are issued is if a party admits a traffic violation, ie, running stop sign or red light or there are multiple witnesses that point to one driver violating a vehicle code that contributed to the accident.

The way the drivers are listed in the report also is a clue as to who the officer likely finds at fault. The first driver on the report is more often the driver that will be found at fault in the report.

An officer is required to make a finding not just list the parties and their statements. If fault is unable to be determined, the officer states as such in the report.

[JETX]

StephenK, you have made some statements that contradict my personal knowledge and I would really appreciate your giving some support to them.

1) "police reports typically note who is determined to be at fault and no citations are issued."
I have filled out numerous accident reports (and read even more) and where there are no credible witnesses and no evidence to support either version of the cause (there are ALWAYS two versions), there is no fault determination on the report.

2) "The rare times citations are issued is if a party admits a traffic violation, ie, running stop sign or red light or there are multiple witnesses that point to one driver violating a vehicle code that contributed to the accident."
I agree here, except for your claim of 'rare times' that citations are issued. Personally, I found that citations are issued in about 70%+ of the accidents investigated.

3) "The way the drivers are listed in the report also is a clue as to who the officer likely finds at fault. The first driver on the report is more often the driver that will be found at fault in the report."
I disagree COMPLETELY with this statement. The accident report is numbered (driver or vehicle 1, driver or vehicle 2) purely based on how the investigator starts his report. The numerical sequence has NOTHING to do with who is at fault. I have to think that this is your OPINION with no basis in fact.

4) "An officer is required to make a finding not just list the parties and their statements. If fault is unable to be determined, the officer states as such in the report."
Again, I disagree. Every accident report I have done (or seen) has a block to fill in information on cited party. If it is not filled in, no one was cited. There is no REQUIREMENT for an investigator to make a finding!! I have to assume again that this is television and not fact.

StephenK, I have to agree with Halket on this one.

I worked as a newspaper reporter for many years here in GA, and one of my assignments was to go to the police departments and get the previous day's accident reports (to see if there was anything newsworthy).

Whether someone is listed as "vehicle 1" or "vehicle2" has no bearing on whether he or she will be charged or not. Like Halket said, it's simply a matter of how the officer starts his report.

I have seen reports where people were cited, but also many times where they were not. Officers don't HAVE to issue a citation.

I have never worked in any other state, so my knowledge of police reports is only for GA.

3) "The way the drivers are listed in the report also is a clue as to who the officer likely finds at fault. The first driver on the report is more often the driver that will be found at fault in the report."
I disagree COMPLETELY with this statement. The accident report is numbered (driver or vehicle 1, driver or vehicle 2) purely based on how the investigator starts his report. The numerical sequence has NOTHING to do with who is at fault. I have to think that this is your OPINION with no basis in fact.

I would REALLY like to believe this but I talked to my insurance co today and they said that b/c I am listed as "vehicle 1" that I am more liable for the accident. This makes no sense to me, it is CLEAR that I had right of way from the way I described the events to the officer (and even clearer in my official statement), and I have myself and my 2 brothers who both heard the other party admit fault. But somehow I'll still get screwed over because of this. Now, I would LIKE to believe that I am vehicle one only because I talked to the officer first, but the insurance co tells me otherwise, and I guess these guys know more about this than I do. I will take responsibility and pay whatever I am told to, but today has been a giant let down. I am positive I had right of way, she admitted fault, yet I'll still end up paying if she makes a claim

[stephenk]

Since I have been defending auto accidents for the past 12 years in California for a major auto insurer, rarely do I see citations issued after accidents, less than 25%. These cases involve taxis, big rigs, personal autos, limos, motorcycles, cars vs. pedestrians, cars vs. bicycles, etc.

On all the police reports, if the officer is going to make a determination of fault, the car listed as number one in the report is the one that is always determined to be at fault. I have yet to see a police report where the number 2 car is at fault in a 2 vehicle accident.

In multi car accidents, the last car listed (be it car 3, 4, or 5 for example) is the one usually at fault if it is determined the last car is the one that started the chain of events.

Halket, I think you are confusing fault and issuing a ticket. I have only seen one police report where a ticket was issued for a driver of a car that rear ended another vehicle. Yet, I have defended hundreds of rear end accidents where no ticket was given, but the officer notes on the report that the car that rear ended the other vehicle was at fault and noted the appropriate vehicle code violations, ie. unsafe speed, unsafe lane change.

In California usally party 1 is as fault, I handle insurance claims for a trucking company, and all the claims that I have handle party 1 was at fault. Accident reports are not accident reports they are incedent reports because the police/law enforcement did not see the accident therefore can not call them accident report. The incendent report is made up from the police officer gathering information and facts. The report is only there opionion, again because they did not witness the accident....

Just for the record. I am in Missouri, and when the guy ran a stale red light and slammed into me, damages totalling my vehicle and me sustaining non-life threatening injuries that I am just about recovered from 1 year later -- he was listed as Driver #1 and me as Driver #2.

Also, he was cited (several witnesses who stopped at the scene, one stayed and gave a statement to the police that I had the green light) And the placement on the impact was side and rear passenger side. The officer stated under "Causes of Accident" - Driver #1 non attentive , violation of traffic law, etc. Driver #2 (me) as None. So the police officer did attribute fault on the police report.

By the way, I contacted the officer after I received a report, and noticed a couple of errors. The officer was very good about the whole thing, issued an Addendum to correct the error and mailed me a copy of that Addendum.

On a side note question to Halkert or another , why does it have nothing to do with a driver being cite as to liability? ?? ??? I am just curious. In my case, the ins. co. found their driver 100% at fault, but they also told me it was not because the driver was cited. Thanx!