Dallas, GA asked in Car Accidents for Georgia

Q: How do cops determine who is at fault in a rear end crash?

The cop that wrote the accident report for when I was hit from behind in a rear end collision stated she didn't know which party was at fault because of conflicting statements. The other driver clearly ran into my car from behind as I was sitting still in the turn lane about to turn left. There were no extenuating circumstances that somehow would mean that nobody is at fault in this particular accident. It's either my fault or the guy who was driving the truck that struck my vehicle from behind. The cop who was working the accident says nobody is at fault. It just doesn't make any sense. And so the insurance company that covered the other vehicle refuses to pay for the damages to my car. I don't know what, if anything, can be done to make the at fault driver's insurance pay for my vehicle repairs. I have never had a situation like this happen dealing with an insurer.

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1 Lawyer Answer

A: If you were hurt, contact a member of the Ga.Trial Lawyers Assn--they give free consults. Cops don't determine who was at fault. They give tickets. However this one seems to have taken that to an extreme. If you have collision let your company handle it ,they'll go after the other company for what they paid and your deductible. If you don't have collision, you should get the consult, and discuss filing a claim with the insurance commissioner. Be sure to get a copy of the full report, not just the exchange of information sheet the cops gave you.

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