how do you know whos right?

What is the name of your state (only U.S. law)? CA.

how do you tell whos right and whos at fault in an accident?

ericf1993 said:

What is the name of your state (only U.S. law)? CA.

how do you tell whos right and whos at fault in an accident?

Click to expand...

Police reports often help...

Meh, not really. To determine fault, you evaluate the facts of the accident and apply the correct traffic law. The most important factor is which vehicle had the right of way. If the answer to that is clear, then it's easy to determine who is at fault. If it's NOT clear, then it gets a little more difficult and you have to get into whether there are witnesses or physical evidence to support one story or the other.

Did either party get a ticket?

well the other side did have a witness , there were no tickets given.
if they have a witness, is it automatically my fault?

No, it's not automatically your fault just because the other side has a witness. However, we have no idea whose fault the accident was since
we have no details in regard to it.

In a word vs word situation, an independent witness would be very important evidence and could definitely be the deciding factor in fault determination.

Agree though it doesn't mean the party that doesn't have a witness is
*automatically* at fault. I agree with what you said though.

wait so if the insurance company gives me the moeny for the total loss, i have to use that money to pay the rest of the car off before i can buy a new car?

ericf1993 said:

how do you tell whos right and whos at fault in an accident?

Click to expand...

you wait until the judge tells you. Until you reach that point, any decisions of who is at fault are arbitrary and non-binding on the only entity that can rule on the issue; the judge.

Agree with justalayman. You're getting ahead of yourself here.

ericf1993 said:

wait so if the insurance company gives me the moeny for the total loss, i have to use that money to pay the rest of the car off before i can buy a new car?

Click to expand...

Well that has nothing to do with who is at fault, but yes, if your car is totalled, your leinholder must be paid off before you get any cash back to use on a new car.

Betty said:

Agree though it doesn't mean the party that doesn't have a witness is
*automatically* at fault. I agree with what you said though.

Click to expand...

what if the witness is wrong though?

ericf1993 said:

what if the witness is wrong though?

Click to expand...

he doesn't get to continue his chance at playing "Who Wants to be a Millionaire"?


with no facts, it is impossible to give you any real direction. Witness can be useful, sometimes. There are times the witness loses the case for their side. It all depends on the facts, which we have none of here.

ecmst12 said:

Well that has nothing to do with who is at fault, but yes, if your car is totalled, your leinholder must be paid off before you get any cash back to use on a new car.

Click to expand...

Agree; if you owe on the car, the balance has to be paid off. However; at this time, you need to concentrate on who is at fault & also wait & see how much you get for your car.