If you were in a car accident, believe that the other party was at fault, and they disagree, there could be a dispute about negligence. In order for them to compensate you for your damages, you may find that you need to establish that they are liable for what happened. Proving negligence can be part of the insurance claims processes or it can take place in court. The four elements to prove are duty of care, breach of duty of care, causation, and damages.nDuty of Care: Every individual has a legal responsibility whenever they are driving. They must demonstrate the same judgment, alertness, attention, and care that a reasonable individual would show towards others.