Should You Preserve Your Vehicle as Evidence After a Car Accident in Massachusetts

Car accidents happen frequently, and drivers file legal claims to recover damages. The key to recovering the full extent of your damages is evidence. Among the evidence of your case is your vehicle. Your damaged car might shed light on how the accident happened and who is responsible. You should preserve your vehicle as evidence, and our legal team can help.

Your vehicle may indicate how the other driver struck you, how fast they were going, and the overall severity of the crash. It might be impractical to store your car, and the insurance company might take the title when they pay you. However, photos and videos of the car after the accident are typically sufficient evidence. Additionally, we should get records and testimony from the automotive professionals who might have inspected or repaired your car. While preserving your vehicle as evidence is important, we may need more to build your case. Your attorney can help you determine what evidence you need and how to obtain it.

Speak to our Boston, MA car accident lawyers at the Law Office of John J. Sheehan about a free, confidential case review by calling our offices at (617) 925-6407.

The Importance of Preserving Your Car as Evidence in a Massachusetts Car Accident Case

After car accidents, repairing your car or getting a replacement is necessary, but it is also important to preserve your vehicle as evidence for our Beverly, MA car accident lawyers if you plan on pursuing legal action against the other driver.

Preserving a damaged vehicle as evidence does not necessarily mean you have to save your broken car until your trial date arrives. This is often inconvenient or simply not possible for many accident victims. Instead, it means we should take steps to preserve the evidence and information your car provides. Photos of your vehicles and possibly testimony from automotive professionals who fixed or inspected the car should be saved. Your car may be repaired or disposed of once we have what we need.

The importance of preserving your vehicle as evidence often depends on what kind of facts and details are being disputed. For example, the defendant might argue they did not hit your vehicle. They might claim that you were the one that hit them. In such a case, having photos of your vehicle as evidence may be crucial as the damage may help prove that your vehicle was hit. If the front of their car is crumpled and the driver’s side of your car is damaged, it is clear that their car struck yours, not the other way around.

Maybe the severity of the accident is in dispute. They might admit they hit you but claim they were not speeding, and the damage could not be as bad as you claim. Photos or reports about your vehicle may prove otherwise. Being able to show a judge or jury that the side of the car is destroyed rather than just dented may quickly disprove the defendant’s claims.

How to Preserve Your Vehicle as Evidence in an Auto Accident Case in Massachusetts

You might have multiple options for preserving your vehicle as evidence after an accident. One option is to keep your vehicle in storage. This might mean keeping it in your garage or having it stored elsewhere. This might be necessary if you and your attorney believe you can find more evidence by having the car inspected by an automotive professional or accident reconstruction expert. However, storing damaged vehicles is not always easy or possible, especially if your case is delayed.

An arguably more feasible option is to take photos and videos of the damaged vehicle before it is repaired or disposed of. This is a more common choice, as many drivers cannot afford to store their damaged car or simply do not want to. Photos and videos of the damage may be enough to support the plaintiffs’ claims in court. Not only that, but many people take pictures anyway, so they have something to show to insurance companies.

If the vehicle is beyond repair, your insurance company might take the title when they pay out on your insurance policy. The insurance company will likely sell the damaged vehicle for its salvage value. This is standard for car accidents, but you might lose the vehicle forever. Talk to your attorney about the importance of preserving your car as evidence. If you believe it is crucial to your legal case to keep the damaged vehicle, you might be able to retain the title, although the insurance company might pay you less.

Can I Use My Car as Evidence in a Massachusetts Car Accident Case if I Have it Repaired?

If your vehicle is damaged but not totaled, you will have it repaired as quickly as possible. For many, getting their car fixed as quickly as possible is necessary to return to normal lives. However, before your vehicle is repaired, it is important to try to preserve it as evidence through photos, videos, and other documentation.

Many drivers need their cars to get through their daily lives and cannot afford to keep a damaged vehicle around. If your car is fixable, you can repair it while preserving certain details and information about the damage. The fact that your car was quickly repaired does not mean that your accident was insignificant or you did not suffer.

As discussed earlier, you may preserve details about the damage to your car by taking pictures, recording videos, and maintaining records from when the car was repaired. As long as this information is preserved, you should be able to repair your car and get back to your regular life while your legal case plays out.

Other Evidence Besides Your Vehicles in a Massachusetts Car Accident Case

While your vehicle may be an important piece of the evidentiary puzzle, it is not the only piece. We will likely need additional evidence to meet our burden of proof. Exactly what kind of evidence we need will depend on the specific circumstances surrounding your case.

First, we should talk to people who were present when the accident happened. Witnesses may testify about what they saw and help us piece together how the accident happened. Having multiple witnesses from varying vantage points might paint a very clear and accurate picture for the jury.

If your injuries are severe or more complex than average, we should obtain copies of your medical records from when you were treated at the hospital. Your medical records may help us explain the true extent of your injuries, how much they cost, and how they have affected your life. We might also need a medical professional to review and testify about your medical records.

Speak to Our Massachusetts Car Accident Lawyers to Get Help Now

Speak to our Andover, MA car accident lawyers at the Law Office of John J. Sheehan about a free, confidential case review by calling our offices at (617) 925-6407.