Did you know that every year there are around 6 million car accidents in the United States? If you or a loved one was recently involved in a car accident and are trying to establish a car accident fault to make sure that you are not stuck with an unfair bill for something you didn’t cause, we are here to help. Keep reading to learn everything you need to know about the process.
State Laws
How car insurance claims are paid out is affected by at-fault vs. no-fault laws. Most times, the car accident might not be just one of the driver’s fault. The insurance company might give a percentage of blame to each of the parties involved in the accident.
If each party receives part of the blame, the percentage is based on the accident’s details. If a driver is speeding and rear-ends another car when that car suddenly changes its lanes, the insurance company might say that both drivers are partially at fault. Of course, it will depend on whether or not the other vehicle used its turning signal, etc.
If you are being blamed 100% in an accident, you will have to show your lawyer police reports, pictures, witness statements, and everything else to prove your innocence.
Comparative Negligence
Certain states use comparative negligence. If you are in one of those states, you might be able to recoup expenses from the other driver after the accident. For example, if the other driver is 70% at fault, their insurance company might pay up to 70% of your repair bills and medical expenses, and you will be responsible for the other 30%.
Modified Comparative Negligence
In some states, you might not be able to recoup expenses from the other driver if you are more than 50% or 51% at fault for the accident. In those states, you would end up paying for all of your repair bills and medical expenses even if the other driver was partially at fault.
Contributory Negligence
Currently, Alabama, the District of Columbia, Maryland, North Caroline, South Dakota, and Virginia use contributory negligence. This means that you might not be able to recoup any expenses in those states if you are partially responsible for the accident.
Even if you are only 10% responsible for the accident, you will get paid zero dollars from the other driver’s insurance company. Keep in mind that when you are recouping costs, your policy also comes into play.
Ready to Establish Car Accident Fault?
Now that you know the ins and outs of establishing a car accident fault, you can make an informed decision whether or not you need an attorney to help you through this journey. Sometimes a lawyer with experience is the best way to make sure that you are treated fairly. Did this article come in handy today? Please browse around the rest of this section for more informative reads.
