If one driver admits liability for the accident, and the relevant insurance companies agree with that assessment, the crash victims can reasonably expect to receive financial compensation for some injuries and losses. But unfortunately, that kind of smooth sailing is not the norm. In many accident cases, the drivers, their lawyers, and the relevant insurance companies will at least initially disagree about who hit who. When that happens, it triggers a process of investigation and dispute resolution that typically includes the following steps. Evidence Preservation and Collection Lawyers, insurance adjusters, and other stakeholders usually move quickly to locate and collect the various categories of evidence discussed above. All parties understand that time is of the essence. The sooner they secure witness, visual, and forensic evidence, the more accurate that information will be, and the more confidence they can have in determining who hit who. But that doesn’t mean this phase of the process is instantaneous. An investigation of a car accident can take weeks, months, or even more than a year, depending on (among other factors) the complexity of the accident scene, the damage the crash caused, and the number of victims. Ideally, all parties would cooperate in evidence preservation and collection efforts. But someone who disputes who hit whom may have an incentive to hide evidence or make it difficult to get. Frequently, lawyers must use legal procedures to force parties and other stakeholders to turn over important information. Review and Analysis As evidence gets collected, the parties evaluate it to decide what they believe it shows about who hit who. It’s entirely possible, however, for them to reach different conclusions based on the same body of evidence. As they complete important stages of their analysis, they may share it with the opposing party’s lawyers or insurance representatives to convince them that they are right. Demands and Pleadings At some point, one or both parties may achieve a sufficient level of certainty in determining who hit who they will make a formal demand that the other party (or parties) pay damages for the harm the accident caused. A demand may take the form of a letter from a lawyer to an at-fault party’s representatives or an insurance claim against a party’s liability insurance policy, for example. Depending upon the other party’s response to a demand, a party may also prepare and file pleadings, which are documents that formally initiate a lawsuit against a party for car accident damages. Settlement Negotiation At any point in the process, one or both parties may initiate settlement discussions to resolve the dispute. A settlement is an agreement to resolve a legal dispute. It usually takes one party agreeing to pay money in exchange for the other party agreeing not to pursue further legal action related to an accident. Settlement negotiations can take various forms, including phone calls between lawyers, exchanges of letters or emails, and in-person mediation sessions. Parties engage in settlement negotiations because it’s often the most efficient and satisfactory way to bring a dispute to a close. But settlements can also mean that one or both parties must “agree to disagree” over who hit whom to put their differences to rest. Going to Court If settlement negotiations cannot achieve an agreed resolution, the parties who disagree about who hit who may present their opposing views in a courtroom trial. A judge or jury hears the evidence, weighs it, and decides who hit who (or, at least, who should pay who for damages the accident caused).