Understanding Who Is At Fault When it's Not So Obvious
When a car accident happens, one of the main concerns is determining who was at fault for the accident. That is because the insurance company of the person or party who was at fault will have to compensate the accident victim for their losses. Those expenses could be extensive since they could include medical bills, damaged property, lost… Read More »
When a car accident happens, one of the main concerns is determining who was at fault for the accident. That is because the insurance company of the person or party who was at fault will have to compensate the accident victim for their losses. Those expenses could be extensive since they could include medical bills, damaged property, lost wages, pain and suffering, and more. That is why determining who was responsible for the accident is so important, and also why the people involved in the accident will always try to avoid blame as much as possible.
In most cases, the people involved in a car accident will always try to blame each other in order to avoid having to pay for any damages. Their insurance company will also try to put the blame on the other driver as well. That is why legal experts like the ones at 1-800-Injured suggest that anyone involved in a car accident hire a personal injury attorney to represent them. The attorney will fight on behalf of their client so that their insurance company does not have to pay for the damages caused by the car accident.
Determining Fault in a Car Accident
There are some cases where the fault in a car accident is easy to determine, such as when a driver rear-ends the car in front of them, or when a driver is clearly drunk. However, in some cases, it can be much trickier to find out who was responsible for the accident. In multiple vehicle collisions, for example, the drivers will all likely try to blame each other for the accident. It goes without saying that you cannot really take each drivers’ word in such a situation.
In cases where fault is not obvious, it is up to more experienced people to find out who was responsible. The police will usually conduct an investigation in order to find out who caused an accident. They will examine the accident scene, talk to the drivers, interview witnesses, and examine surveillance footage if any exists. They will use their professional judgement to determine who was responsible and put it in their police report. However, not all police reports will include a judgement of who caused the accident.
After the accident victim files a claim, an insurance adjuster will be assigned to the case to find out who was at fault. The adjuster will conduct their own investigation into the accident using similar methods to the police. However, they might come to a different conclusion than the police, assuming the police came to a conclusion at all. Furthermore, there can be more than one insurance adjuster working on the case since the insurance company of each driver involved will conduct their own investigation into the accident.
What Happens When Fault is Shared
Sometimes both drivers will share some blame for the accident, in which case the injured driver can still receive compensation as long as they live in a comparative negligence state. If they do, then they are still entitled to some compensation based on their percentage of responsibility. For example, if an insurance adjuster determines that the victim was 20% responsible for the accident, then they will receive 80% of the settlement that they requested. As with fault for the accident, the percentage of responsibility can be a contentious issue, which is why accident victims should get an attorney if they want the best chance of maximizing their compensation.
