Settling a Fault in a Car accident

Settling a Fault in a Car accident

Settling who is at Fault in a Car accident

An accident, in books, means that it is unexpected and unintentional (for most). An automobile accident are unforeseenable and no one is excepted with that as observed in a retrospec. Car accidents are scary, dangerous, and sometimes even fatal and on fortunate occassions, accidents may be light and only affects vehicle.

They're the last thing anyone wants to experience but they happen without warning at any time or place - we could be driving along in our cars when suddenly there's a loud screeching sound as someone slams into us from behind causing thousands of dollars worth of damage to both vehicles. This kind of situation would create immense panic inside you; your heart starts racing faster than ever before- it becomes hard just breathing with all that adrenaline pumping through your veins and proceed panicking without thinking whose at fault and gathering evidences etc. 

Entities that Insurance Companies will be basing their verdicts 

Insurance companies will base their decisions on some key factors, like the severity of your injury and past accidents for example and evidences in any form for who is at fault such as:

Police Reports

The police reports for filing a personal injury claim against someone can be quite extensive and will often contain more than just the basic information.  The report should include any information that may help show what happened as well as how it affected you, such as medical records or photos of injuries sustained during an accident on your way to work one morning last week, photographic and videographic evidences are as well highly prioritized as they the most reliable form of evidences. Keep in mind that not all incidents are eligible for compensation under this type of law so call us today if you're unsure.

Eye Witnesses

Eye witnesses are often seen as the most valuable part of a successful injury claim. That's because their testimony in court can help determine liability and what damages should be awarded to you for your injuries, such as medical bills or pain and suffering. Most people think that eye witness testimonies will always support them when it comes time to get evidence against someone who has injured them but this is not necessarily true if they were drunk at the time then there eyes might see things different. 

Types of Negligence used by Insurance Company 

Insurance company usually settles the both "at-fault" sides by according it to degrees and criteria of negligence, this is utilized with  These are the usual measurement of who is at fault in most at-fault states. 

In at-fault states, the determination of who is to blame for an accident rests on what defines negligence. This can be based on a state's legal definition and there are three main types used: reckless disregard, failure to act as reasonable person would have acted under like circumstances, or gross deviation from standard care that leads directly caused injury.

  • Strict Comparative Negligence - With comparative negligence, both parties can be found partially at fault for a given accident. With strict comparative negligence, your percentage at-fault directly determines how much compensation you could even seek from the other insurance company. For instance: If you are found 70% responsible in an accident and want to find out what that means when it comes time to seeking damages, you can possibly look up until 30% for your medical injuries that are probably good than the other.
  • Modified comparative negligence - You can only recover funds from a wreck if found to be less than 50% at fault, only few states applies this mechanics.
  • Pure contributory negligence - The strictest form of liability. It requires drivers to be 100% faultless in order for them to recoup damages from an accident, even if they were only determined at 5%. This makes it difficult for those with a small amount of carelessness because one moment could raise their percentage enough that they cannot recover any damage and will have no choice but pay out-of-pocket once again next time.


Get the Justice You Deserve with our experienced & Free Legal Consultation