Avoiding and Fixing Incorrect Liability Decisions When You’re Not at Fault


Share This Post

Share on facebook
Share on linkedin
Share on twitter
Share on email

The other driver ran a red light and hit your vehicle broadside. The tense and confusing minutes that follow are important for your personal safety, your health, and the resulting insurance claim that you’ll have to submit.

If you live in one of the 38 fault-based insurance states in the US, determining liability directly after the crash is of the utmost importance in order to avoid costly mistakes down the road. But what happens if the police make a mistake on their accident report, putting the blame on your shoulders? Worse yet, what if the other driver intentionally lies to his insurance company stating you were to blame?

Establishing liability

Although a car crash or accident, can be disorienting, it is important to take steps immediately after the accident in order to properly establish who was at fault. As the old saying goes, “A stitch in time saves nine.” Due diligence at the scene of the accident pays dividends later.

What do we mean by “liability?” Liability is a determination of who was at fault for the accident and whose insurance company has to pay for the damage to the vehicle.

The process of establishing liability in a fault-based state is fairly straightforward. If you are involved in an accident, you should always contact law enforcement immediately. The responding officer will interview both parties, assess the scene, and if the facts are clear, include in his report a determination of liability. That is the first thing that insurance agents look for when determining fault on a claim.

Fighting an incorrect liability decision

Sometimes the responding officer misses a vital piece of evidence. They are only human after all. But what happens if the person that ran the red light lies to the police or their insurance company, painting you as the guilty party? It can force you into a terrible position where you have to dispute a legal document in direct contradiction of your statement, in which case, you may be in for a lengthy appeal process.

Appealing a liability decision involves contacting the officer who signed off on the accident report and providing compelling, concrete evidence that proves the other party’s liability. This can be provided to the officer, your insurance company, or even a court of law in extreme cases. That can be problematic, however. Testimony alone isn’t enough to change the decision. Testimony, in this case, relies on a “He said, she said,” argument which is insufficient to change the insurance company or the judge’s mind. The best thing that you can do is provide clear and compelling evidence such as a video or picture to help prove the other party’s fault.

That’s no easy task though. Accidents can leave those involved dazed and struggling to make clear decisions. That’s where Scene Finder comes in. Our platform can help provide compelling evidence of the other party’s fault to the officer who wrote the report, but more importantly, it serves as clear proof to the insurance adjusters who make the final liability decision.

The Scene Finder platform

Scene Finder is a web and mobile platform that lets third-party bystanders help those directly involved in the accident by generating evidence-based content via their cell phone or other devices such as dash cam, home security cameras,  smart home features, etc. That content can then be anonymously shared with the insurance company and the authorities. Evidence-based content is material such as photos and video footage that provides a first-hand account of the accident.

Using Scene Finder is simple and safe. All you have to do is take pictures or videos of the accident using any mobile device. You can then upload it to the Scene Finder platform safely and securely without revealing your identity. Once your content is reviewed and approved, it will be made available on our platform. If the involved parties (drivers, insurance companies or investigators) select your content, you may then qualify for a cash reward.

Scene Finder provides a simple way for involved parties everywhere to reduce the time, money, and stress of appealing incorrect liability decisions, helping fellow citizens in the process. The Scene Finder platform launches in June 2020 and will be available on the Google Play Store and Apple iOS, as well as being accessible via any internet browsers. Visit our website to learn more about the upcoming launch.

More To Explore


A Discrete and Helping Hand

It’s in my nature to be a good Samaritan. I like to pay it forward whenever I can, so I look for ways to keep