Litigious accident: the injured party must prove fault

Litigious accident: the injured party must prove fault

"I was in a car accident with another motor vehicle. In my opinion, it was the other driver who was at fault. The other driver's liability insurance company tells me that it is up to the injured party to prove that the other driver was at fault. Is this correct?

Bernard, Geneva

The Federal Road Traffic Act (LCR) governs traffic on public roads, as well as civil liability and insurance for damage caused by motor vehicles or bicycles.

Article 61 specifically governs civil liability between owners of motor vehicles. According to paragraph 2 of this article, one keeper is liable to the other for damage to property only if the injured party provides proof that the damage was caused by the fault or temporary incapacity to discern of the respondent keeper or of a person for whom he is responsible, or by a defect in his vehicle. It is therefore the injured party who must provide proof that it was the keeper of the other vehicle who caused the damage through his fault.

This specific rule is a clarification of the "burden of proof" principle that applies in civil law. According to Article 8 of the Civil Code, each party must, unless the law provides otherwise, prove the facts it alleges in order to deduce its right.

That's why, in the event of a road accident, it's essential to fill in an "amicable report" with the other party involved. This document, signed by both parties, will prevent you from finding yourself in a situation where you are unable to establish the disputed facts and provide evidence when the time comes. In the event of disagreement, do not sign it, but take details of witnesses, photographs and the registration number of the opposing party. You can also call in the police if necessary, although there is a risk that the party at fault will receive a fine in addition to the garage bill.