Sometimes you’re involved in a wreck and, for whatever reason, you don’t get a wreck report. Or the officer comes to the scene and says they can’t tell who’s at fault, so nobody is ticketed. Then you find out you have a significant injury from the wreck and you call us and you’re like, “What do I do? The police didn’t come because I didn’t know to call them (which you should always do) or the police came and said they couldn’t tell who was at fault. There was no independent witness – that’s the phrase they’ll use with you – and so it’s just he said/she said at the scene about who ran the red light, and there’s no other evidence to prove who’s at fault.”
Do you have a case? You might have a case. There are other factors that have to be considered.
The first: is there any independent evidence that would help us decide who was at fault? Witnesses. Surveillance footage from nearby businesses or residences. These days, most every house has some type of Ring doorbell or video system – Arlo, whatever it is – on their residence that may have actually captured the events. Businesses many times have surveillance systems running all hours of the day and night that also may have captured what happened. Cars nearby that have front and rear-facing cameras installed could have captured the incident. Some vehicles on the road actually come with cameras in the door handles that may have captured the situation.
So there are a lot of different ways to prove who may have been at fault for a wreck. Sometimes the physical evidence helps; the marks in the street may prove who’s at fault. There are various items that need to be considered if there’s no ticket issued or the police didn’t come for some reason.
The long and short of it is it takes a lawyer who has done this for years and years to know what other things to consider in a wreck that has caused serious injuries but where the other side is saying they’re not at fault. That happens many times. I’ll usually get on the phone with prospective clients and go through this laundry list of other things we could use to prove who’s at fault. And of course, if we strike out with everything, there’s not a lot you can do except keep in mind that the physical nature of the collision sometimes indicates how the wreck occurred. If there’s a rear-end collision, more times than not it’s going to be easier to prove, if you’re the one who was hit from behind, that somebody rear-ended you. You’re going to get the nod there.
And remember, we’ve done videos on the fact that Florida is a comparative negligence state in the car wreck setting. Comparative negligence basically means that even though you were not at fault for the wreck, somebody is arguing that you should share responsibility. In Florida, the jury is asked at the end of the day: out of 100% of fault, how much do you assign to the at-fault driver and how much do you assign to the person bringing the claim? If the jury determines you’re even 50% responsible for a collision that caused a million dollars in medical expenses, well, 50% of a million dollars is still a significant recovery. So you never know whether your injury is going to be significant enough until you’ve consulted with a lawyer who can tell you what the value of your case is.
It’s important to call the police after a wreck no matter how good you feel afterward, no matter how unnecessary you think it is to have an officer there. You should always do it. The reason why is that when everybody leaves the scene, they all think, “That wasn’t really my fault.” It’s just human nature to think of reasons why you’re not responsible for something. Insurance companies don’t help that matter, because once they talk to their driver, they’ll ask, “Did the police come?” And as soon as they hear the police didn’t come and no ticket was issued, they will start suggesting to their insured that perhaps they weren’t at fault, that maybe there are other reasons the accident happened that weren’t their responsibility.
So if you have questions about a car wreck where fault isn’t clear and there is a significant injury, you can call us at 855-HIRE-JOE or fill out our contact form for a free case review.
FAQs: What to Do When Fault Is Unclear After a Car Wreck
Can I still file a car accident claim if there’s no police report?
Yes. A police report is helpful, but it’s not a legal requirement to file a claim. What matters is whether there’s evidence to support your version of events such as witness statements, surveillance footage, dashcam video, physical damage patterns, or other documentation. Insurance companies conduct their own investigations regardless of whether a report was filed, so a missing report doesn’t automatically end your case. That said, the absence of a report does make it easier for the other driver’s insurer to dispute fault, which is why you should always call the police after an accident no matter how minor it seems.
What if the police came but didn’t issue a ticket?
No ticket doesn’t mean no case. Officers sometimes decline to cite anyone when they can’t independently determine what happened — especially when there are no witnesses and both drivers give conflicting accounts. In those situations, fault is still a question that can be answered through other evidence. An attorney can investigate surveillance footage, canvass for witnesses, and analyze the physical evidence from the scene to build a case even when the officer left without making a determination.
What counts as independent evidence to prove who’s the at-fault driver?
Independent evidence is anything that isn’t just one driver’s word against the other’s. Common examples include:
- Eyewitness statements from people who saw the collision
- Surveillance footage from nearby businesses or traffic cameras
- Residential doorbell or security camera footage (Ring, Arlo, etc.)
- Dashcam video from the involved vehicles or other cars nearby
- Cameras built into vehicle door handles or rearview systems
- Skid marks, debris patterns, and the location of vehicle damage
- Accident reconstruction analysis
The key is acting quickly. Surveillance footage gets overwritten, skid marks fade, and witnesses move on. The sooner you contact an attorney, the better your chances of preserving evidence before it’s gone.
How does Florida’s comparative negligence law affect my car accident claim?
Florida uses a modified comparative negligence system. This means that even if you’re partially at fault for a crash, you can still recover damages as long as you’re found to be 50% or less responsible. Your recovery is reduced by your percentage of fault. So if you suffered $500,000 in damages and a jury finds you 20% at fault, you’d recover $400,000.
However, if you’re found to be more than 50% at fault, you cannot recover anything under Florida law. This is why fault disputes matter so much and why having an experienced attorney fight for the most accurate fault allocation can have a significant impact on what you actually receive.
What if it’s just my word against the other driver’s – “he said, she said”?
He said/she said situations are exactly why an experienced attorney is so valuable. Beyond obvious witness testimony, there are often layers of evidence in an accident most people don’t think to look for, such as nearby cameras, vehicle data, or physical road evidence. An attorney who has handled these cases for years knows what to look for and where to find it quickly. Even when direct evidence is thin, factors like credibility, the nature of the collision, and vehicle damage patterns can still help establish fault. And in Florida’s comparative negligence system, even a partial recovery can be significant.
Does a rear-end collision automatically mean the car behind me is at fault?
Not automatically, but rear-end collisions are generally easier to prove for the driver who was hit. The physical circumstances of the accident showing your car was struck from behind support your account. The other driver can argue you stopped suddenly or cut them off, but those arguments are harder to make stick without supporting evidence. If you were rear-ended, you’re in a stronger position than a disputed intersection crash, and an attorney can use the nature of the collision itself as part of building your case.
Why do insurance companies deny claims more readily when there’s no police report?
When no police report exists and no ticket was issued, it signals to the other driver’s insurance company that fault was never officially established. Adjusters are trained to look for that opening. As soon as they hear the police didn’t come, or came and issued no citation, they’ll start working their own driver’s version of events and looking for reasons to assign blame for the accident elsewhere. It’s not about the truth of what happened; it’s about leverage. A lawyer who knows how to find and preserve independent evidence shifts that leverage back in your favor.
How long do I have to file a car accident lawsuit in Florida?
Under Florida law, victims of car accidents generally have two years from the date of the accident to file a personal injury lawsuit. However, you shouldn’t wait. Evidence disappears, witnesses become harder to locate, and surveillance footage gets overwritten, often within days. The sooner you contact an attorney, the better position you’ll be in. If you’re unsure whether you even have a case, a consultation costs you nothing.
When should I contact a car accident lawyer if fault is unclear?
As soon as possible after the accident, ideally before you’ve spoken extensively with the other driver’s insurance company. Insurance adjusters don’t want to pay, and as such are skilled at asking questions in ways that can be used to minimize your claim or shift fault onto you. An attorney can advise you on what to say, help preserve evidence before it disappears, and give you an honest assessment of what your case is worth. At Zarzaur Law, you can call us at (855) HIRE JOE or fill out our contact form for a free case review.