Are you a victim of an auto accident? Did you think it was your fault, but your insurance company is now charging your policy and paying money to the other person? Many people don’t really understand how the legal system works in regards to determining fault in an automobile accident. The determination of fault is not something insurance companies can do. It is determined based on where you live and the comparative fault laws the state’s legal system follows.
The United States has three main comparative fault systems. They are quite different. Some states recognize “Pure Contributory Negligence”, which means that the injured party cannot seek damages from the victim if the other party is even 1% responsible. Others recognize “Pure Comparative Fault”, which allows an injured party to recover even though it is 99 percent at fault. However, the degree of fault for the injured party reduces the recovery. The Modified Comparative Fault rule is recognized by most states. These states may have a 50 per cent bar rule that says an injured party cannot claim anything if it is 50 percent or more responsible. However, if the injured party is 49 percent or less at-fault, it can still recover. The recovery will be reduced according to the extent of fault. Other states have a 51 per cent bar rule, which means that an injured party cannot be compensated if it is more than 51 percent at fault.
Insurance companies must address the question of whether a party can recover financially from the accident site. This is determined by the laws of that state. Auto insurance contracts that cover you while you’re traveling outside your home state generally comply with the laws of the destination state. You are unlikely to be 100% at fault in most cases. You can only be 100% at fault if another vehicle hits you while you are parked, or if it rear-ends you while you are stopped. There could be differences of opinion between the involved parties in an auto accident. Insurance adjusters will listen carefully to all the accounts and then compare them with the actual vehicle damage. They can determine if an accident happened in the manner described by looking at actual damage. These are some suggestions on how to respond to an accident scene to ensure the best possible understanding of what actually happened.
Find a witness. An unrelated third party may be able to help you identify the incident.
Take photos. It is a good idea to take photographs of the damage to both vehicles on the spot of an accident to prevent any additional damage. Many mobile carriers offer apps that let you upload these photos directly to their websites.
Do not admit fault. Many accidents are complicated. It is in your best interests to allow the adjusters to examine all information before assigning blame.
Names and contact information of all passengers in the vehicle are required. It would be a shame to have other claimants make claims against you for injuries that weren’t even on the scene.
We don’t want to be in an accident. There are cars to repair and injuries to heal from. Keep calm and gather as much information as you can to help your insurance company determine what happened. This will be in everyone’s best interests.