Who investigates car accidents? In the aftermath of an accident, various parties may conduct an investigation. This can include law enforcement, insurance companies, and your attorney. An accident investigation is the process carried out to determine the cause of a crash. After an accident, the pressure of coping with injuries, losses, and insurance matters can make recovery feel even more challenging. Having a reliable car accident lawyer by your side can be invaluable.
For assistance navigating your car accident case in Illinois, contact Lloyd Miller Law Group at (773) 838-8100.
Table of Contents
Law Enforcement Agencies
You should contact law enforcement immediately after a collision. They can perform a car accident investigation, give an opinion on fault, and document the incident in an accident report.
Insurance companies may need a police report for your claim. Without one, your chances of approval could be low. Additionally, if you decide to sue the other driver, the report can help your attorneys gather evidence and navigate the investigation.
Documentation
Law enforcement officials carefully record the details of the accident scene. They collect information, including driver identities, witness accounts, and evidence such as photos or video footage. This documentation serves as the basis for the official accident report.
Create Reports
Creating a detailed and precise accident report is key. This report includes essential information about the incident, contributing factors, and an initial evaluation of responsibility or any breaches of traffic regulations.
Preserve Evidence
Officers collect and protect evidence, ensuring it stays intact and ready for further investigation. This evidence may include damaged vehicles, debris, or other items essential for establishing liability.
The police department is crucial in accident investigations, as their prompt response and thorough documentation influences the investigation’s effectiveness. Their accurate reports are essential for insurance claims, legal cases, and establishing fault. Understanding these responsibilities emphasizes the need for cooperation with law enforcement at the scene, which can enhance the investigation’s accuracy and affect the fair resolution of claims or legal actions related to the accident.
Evidence and Documentation at the Accident Scene
At the scene of the accident, it is crucial to collect evidence. Police officers carefully record different evidence and documentation:
- Photographs and Videos: Taking pictures and videos of the accident scene from various angles, including vehicle locations, road conditions, traffic signals, and any visible damage, helps accurately reconstruct the incident.
- Witness Statements: Obtaining accounts from witnesses while their memories are still fresh offers crucial insights into the order of events that led to the accident.
- Physical Evidence: Collecting physical items such as vehicle parts and debris supports investigators in piecing together the accident and determining who is at fault.
- Driver Information: Accumulating details about the drivers, including their licenses, insurance information, and vehicle registrations, is essential for verifying identities and evaluating legal obligations.
A car accident lawyer might utilize this documentation to assist you in obtaining compensation for the losses related to your injuries.
Insurance Companies
When you file an auto accident insurance claim, your insurance company assigns an adjuster to manage the investigation, possibly involving a private investigator. The adjuster collects the police report and medical records, reviews them and interviews witnesses to verify your claim’s validity.
How the Insurance Company Investigates
Insurance adjusters investigate accidents to determine fault by reviewing evidence, interviewing witnesses, and assessing vehicle damage. Knowing their process can help you effectively present your claim and dispute inaccuracies.
Collecting and Verifying Personal Identifiable Information
The adjuster will ask for your full name, date of birth, home address, and health insurance details, among other personal information. This data is entered into a national database to track your past claims, coverage, and any prior injuries. Your information must match the database, as discrepancies could result in claim denial.
Collecting Evidence
The adjuster typically collects evidence from various sources, such as police reports, medical records, deeds, videos, appraisals, inventory logs, and witness statements from other individuals involved. He or she may collaborate with a private investigator to monitor your activities at home or in the hospital, which helps verify the truthfulness of your claims regarding the extent and nature of your injuries and losses.
The adjuster requires time to gather evidence and review the police report and your documents. This thorough investigation enables them to understand how the auto accident happened, identify who is at fault, and determine the level of liability.
Furthermore, the investigation validates your injuries by analyzing your doctor’s notes and receipts. It also allows the adjuster to evaluate the property damage that resulted from the incident.
An insurance adjuster or investigator may request consent to access your medical records. This authorization enables them to retrieve medical documentation from your treating physician or healthcare facility. The investigation team will then scrutinize this medical information to verify the type and severity of your injuries, the treatment you received, and the medications that were prescribed.
Any discrepancies found in the medical documentation can lead to the dismissal of your claim. These inconsistencies can also trigger further investigations, prolonging the compensation process.
Cooperate with the insurance adjuster or investigator during the investigation, but only provide necessary information to support your claim. If unsure, direct them to your lawyer for inquiries about the accident or your injuries.
Why the Insurance Company Investigates
The insurance company carries out investigations into car accident claims for a variety of reasons, such as:
Preventing Insurance Fraud
Insurance providers have observed an increase in incidents of auto insurance fraud. Consequently, your insurance company will investigate your claim to safeguard against fraudulent activities. This investigation confirms the authenticity of the reported injuries and property damage.
Determining the Extent of Injuries or Damages Suffered
Investigations play a crucial role in assessing the true scope of your injuries. The insurance company collects essential evidence to evaluate the severity of your injuries and the total losses or damages suffered.
Determining the Value of Your Claim
In addition to validating your claim and assessing the severity of your injuries and damages, investigations play a crucial role in determining the value of your claim. The adjuster or investigator acts primarily in the insurance company’s best interests, not yours. As a result, the settlement proposed is often on the lower end.
Determining Liability
The investigation aims to determine who is responsible for the accident. Adjusters or investigators gather comprehensive details about the incident, and if needed, they may enlist the help of an accident reconstruction team. This thorough process clarifies any ambiguity regarding accountability and the degree of responsibility involved.
Your Car Accident Attorney
The Illinois Department of Transportation reported that in 2022, there were 97,388 motor vehicle accidents, which included 181 fatal incidents and 16,830 injury-related crashes. With the high occurrence of accidents, there may come a time when you find yourself involved in a collision and need a car accident attorney.
Although having a car accident attorney is not required, having one is crucial for independently examining the accident’s cause. While the insurance company will conduct its investigation, you shouldn’t depend solely on its conclusions.
Your attorney will strive to uncover further evidence, analyze the information from a fresh perspective, or arrive at alternative conclusions. Drawing from experience of types of car accident injuries, he or she will gather and assess the evidence to help you determine who is responsible and to construct a solid case against them.
Investigate and Gather Evidence
Your attorney will examine your case to determine how the accident occurred, who is responsible, and the severity of your injuries and losses related to the accident. Collecting evidence is essential for proving liability, assessing the extent of your damages, and achieving a successful outcome in your case. Your lawyer will work to gather evidence during the investigation to construct a strong case for your car accident.
Attorneys can employ various methods and discovery tools to gather important evidence, which may include:
- Accident reports
- Footage from surveillance, traffic, and dash cameras
- Images capturing the accident site
- Physical traces like skid marks and tire remnants
- Data from electronic recording devices
- Mobile phone records
- Toxicological analysis results
Calculate Your Damages
Regarding who pays medical bills after a car accident, it will depend on who is liable for the injuries. If someone else is at-fault, you can claim compensation. Therefore, as part of the investigation, your car accident attorney will calculate total expenses, including current medical costs and long-term treatment needs. Your attorney will gather evidence such as medical records, lost wage statements, car repair estimates, and personal journals detailing your suffering. Additionally, he or she will consider non-economic losses and the overall impact on your quality of life, helping you avoid future out-of-pocket expenses and providing financial security for recovery. Your attorney should know average car accident settlement amounts and use this to calculate your claim value.
If you or a loved one was injured in a car accident in Chicago, contact us at Lloyd Miller Law Group for assistance from our car accident lawyers.
