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Auto Accidents are Not Simple: Knowing the Basics of Fault is Important

On Wednesday, June 13th, 2018

In an auto accident, the instinct of every individual is to quickly blame the other party for being at fault. Your priority should be to seek medical treatment and thereafter, speak to an attorney concerning the accident before talking to the insurance company of the party at fault.  So how do you prove who’s at fault?

Auto Accidents

Determining fault

Insurance companies are tasked with the role of determining fault in an accident with the help of claim adjusters and the no doubt-liability laws. Once you file a car accident report with your insurance carrier, the company gets hold of a claims adjuster who reviews all available auto accident evidence to determine fault. Such evidence involves witness statements, police reports, medical records and photos or videos of the accident scene. It’s crucial not to apologize to the other party after the crash or portray behavior that can be interpreted as a guilt admission as your claims adjuster will likely consider this.

The no-doubt liability accidents always place fault on the other driver which make it impossible to argue against and results in quick settlement for the victims. For example, when hit from behind, it’s usually the other driver’s fault unless the collision was contributed by your own carelessness. You have the right to dispute a fault determination before the insurance company. This will allow a third party mediator to sit in to hear the appeal and make the final decision based on the tabulated evidence. All parties ought to abide by the decision made in the end.

State traffic laws and Negligence

State traffic laws tend to be fairly cut out and are mostly interpreted by the claims adjusters and auto accident attorney. Proving negligence is the most crucial step in determining who’s at fault. In some cases, the negligence can be on both drivers. The damages sought can be lined up with the victim’s percentage of fault or the victim must prove that they are completely blameless for the auto accident. The plaintiff must prove the defendant’s negligence following the duty of reasonable care in an accident case. This is backed up by claims of the defendant’s carelessness and how reasonable they would have acted. A proof of the injuries caused by the defendant is given to determine the victim’s entitlement to compensation for injuries, wages lost, property damaged and the pain and suffering incurred. No recovery takes place if there are no monetary losses or visible injuries.

No-fault car insurance

The insurance company of the party at fault commonly pays for damages caused by their insurance policyholder via the liability insurance policy. Some states may use the no-fault car insurance for each party to cater to their personal injuries regardless of the party at fault. In case of additional costs incurred if you’re at fault, the other party’s insurance provider steps in to cater for the extra costs via their policy.

When proving fault for an auto accident, it’s essential to understand whether your state is a no-fault state and how that applies to the party at fault. Having an idea about some of these issues is important so you know what to expect in case an accident occurs.

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