Insurance companies are responsible for determining fault in a car accident. Sometimes, it is obvious who is at fault, especially if it were a rear-end accident, and a negligent driver struck the person in front of them, but it is not always clear. Auto accidents can be complex, but insurance companies help by assessing property damage and bodily injuries. Fault in a car accident is determined by the insurance company.
It is important to have financial protection. According to the Insurance Information Institute (III), “78 percent of insured drivers purchase comprehensive coverage in addition to liability insurance, and 74 percent buy collision coverage.”
The Process of Determining Fault in a Car Accident
A lot goes into deciding who is at fault after a car accident if it is not an easy determination. Every party involved must provide relevant information regarding what occurred, and bystanders, if there were any present at the time of the accident, can partake in this as well.
Once an insurance company steps in, they get to work determining who caused or contributed to the crash. Once a decision is made, or it is understood who shares fault in a multi-car accident, one or more insurance companies will cover the expenses of treatment for injuries and the replacement or repair of vehicles in the accident.
The percentage of fault can add to the difficulty of determining who is at fault in a car accident. In many cases, more than one driver can be held liable for a crash. It is possible that your insurance company can agree to 80% of the damages, and the other insurance company claims 20% of the damages.
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If the Fault is Unclear
In situations where it is not clear who is more at fault, it helps if there were witnesses to help determine what happened. Two or more drivers involved in an accident may not want to admit fault, and witnesses who are unknown to the drivers can give an account of what they saw and contribute to figuring out who is responsible for the accident. If multiple bystanders can agree on what took place between two or more drivers, this can solidify a case. Interviewing eyewitnesses is a crucial part of any vehicular accident case. Acquiring their contact information and asking that they give details and their reasoning for why they believe a driver is at fault can make a significant impact on the case.
Evidence and witnesses are key to determining fault in auto accidents. If the fault is not clear at the scene of the accident, there may be traffic cameras that recorded the accident. By reviewing the footage, a driver’s fault may be able to be assigned sooner than later this way. Photographic evidence can help, too. Getting the police involved is always one of the first actions to take after an accident. They may issue necessary citations to one or more drivers and can help assign liability based on evidence. Physical evidence such as injuries, skid marks, and paint on a vehicle can help point to who holds responsibility for the accident.
Overview of Fault and No-Fault States
The state you live in could play a role in determining how an insurance company declares fault on some level. There are 12 no-fault states, and in these states, each person’s insurance company will cover their expenses for injuries and damages. In an at-fault state, the individual who caused injuries and damages is financially responsible for injuries and damages. There are also pure contributory negligence states, where if you are slightly at fault for an accident, you do not recover losses, and comparative fault states where your compensation is reduced by your degree of fault.
Ben Crump Law, PLLC Can Help
Insurance companies are there to determine fault in a car accident. However, you may be in need of additional help. A car accident lawyer can make a big difference by protecting one’s rights. If you suffered injuries in an auto accident and could use legal assistance in fighting for your innocence, Ben Crump Law, PLLC is ready to represent you and work towards a positive outcome. We seek justice and fair settlements that personal injury victims are entitled to.
Call today for your free consultation at (800) 959-1444 with a member of our team.