Determining Fault In A Car Accident
In some cases, it's easy to determine who's at fault after a car accident. However, not all incidents are clear. If you disagree with who is at fault after an accident, you have options. However, you don't want to proceed if you don't have a case. Learn more about determining fault in a car accident.
Determining Fault
Insurance adjusters determine who is at fault after an accident. In fault states, the insurance company of the guilty party will pay for repairs. Some instances aren't clear regarding fault. In these cases, the insurance companies will delegate fault in percentages. For example, the insurance companies may find one party to be 75% at fault, while the other party is 25% at fault. Payouts will be adjusted accordingly in states that follow comparative negligence laws. In most states. one party must be found at least 51% at fault in order to be found responsible for damages. This is known as modified comparative negligence. In the six contributory negligence states, if one party is found in any way to be responsible for the accident, even 5%, they can't ask for damages from the other party.
Proving Fault
If you disagree with the insurance company's assessment of the situation, you'll have to prove your case with evidence. Without solid evidence, you won't be able to change the court's mind about the decision.
Some examples of evidence you can use to prove your case include video/photo evidence, witness statements, police reports, written communications, and expert opinions. Your auto accident attorney can examine your evidence to assess the likelihood of winning your case. You will have the option to negotiate. If you don't agree to the negotiations, you may have to take the case to court.
No-Fault States
16 states follow no-fault laws. In these states, each party's insurance company will pay for their damages regardless of fault. In these states, it's required for drivers to carry Personal Injury Protection (PIP) to cover any medical expenses that incur after an accident. If someone failed to have this coverage, they will be responsible for the expenses. If PIP did not cover the full cost of the damages, the injured party can sue the at-fault party in civil court.
Did you recently get into an accident? Whether you want to prove your innocence or obtain compensation for your damages, you should talk to a car accident attorney to go over your case with you.