In the world of accident cases, determining fault can be quite tricky. Since we have to realize that accidents are simply accidents at the end of the day. However, this article will serve the purpose of outlining just how fault can be determined in an automobile accident.
Fault Based VS No Fault
Most auto insurance in the United States is Fault Based, meaning the driver deemed at fault will have their insurance pay for medical bills, damages, and lost wages due to the accident through the liability coverage.
No Fault States may require their drivers to carry PIP, or Personal Injury Protection. The insurance companies will have to pay a certain amount in medical expenses up to a certain amount that are insured. Property damage however, is still fault based meaning that the one deemed at fault will still have their insurer pay for the damage done to the other vehicle.
The insurance company will decide if its fault based in accordance with how the state defines negligence. Here are the different types of negligence.
Comparative Negligence – This allows compensation for those who are deemed partially at fault. If you look for compensation, you can based on the amount of fault was claimed in court.
Modified Comparative Negligence – If you’re under 50% responsible for the automobile accident and are able to receive compensation for the damages, this is called modified comparative negligence.
Contributory Negligence – All or Nothing. In this case, in order to receive compensation, you would have to be completely blameless in the automobile accident.
How to Determine Fault
Police reports play a heavy role in determining fault. As the officer is called to take both sides of the argument, as well as assess the nature of the accident, these statements are usually much more reliable. This is especially evident if you take a look at our “5 Helpful Tips to Remember After an Automobile Accident”
Gather evidence of the accident as well as let your insurer know immediately, refrain from admitting fault. It is better to let insurers and law enforcement objectively come to the conclusion as the automobile accident may have been a result of something out of your power.
And this is how fault is determined. Complete research on your states liability and negligence laws to know exactly how to get the most out of your automobile accident case. And visit Ward T. Berg PA, to help you in any Personal Injury Case with guaranteed great results!