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How Do Insurance Companies Decide Who’s at Fault?

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How the insurance companies determine fault after a car accident is based on state laws and the details of the accident. Every case will be handled a little differently when it comes to determining fault and who should be held liable. Talk to a lawyer near you to get more info and to find out how you might be impacted.

No-Fault Car Accidents 

Some states have no-fault car insurance laws. These are valid in about 16 states. Personal injury protection, or PIP, will be what helps you pay for the medical expenses after a car accident in such a state, even though the other person may be at fault. 

Property damages can still be paid for on an at-fault basis, though. So, if your car is damaged by another driver, the insurance coverage can help you pay for the car repairs. 

Learning About At-Fault Car Accidents 

At-fault car accidents happen in states without PIP coverage laws. The at-fault driver’s car insurance will help pay for injury and property damage claims. If you have been in an accident, whether you think you’re at fault or not, you should always file a police record and record the details about the accident and the other drivers who are involved. 

The police reports and records will come into play later when the insurance company (and jury, if applicable) are trying to determine who is at fault and who should be held liable for the medical, property, and other damages. 

Determining Fault by the Car Insurance Company 

This is when state laws come into play and the rules that the car insurance company follows. In many cases, the fault is not on one driver solely, and in other cases, the car accident might be the fault of one driver. 

Some states are comparative negligence states, which means your compensation will depend on the degree to which you are considered liable for the accident. 

Modified comparative negligence is when you cannot recoup expenses from the other driver if you’re assigned the majority of the fault for the accident.

This might happen if someone hit you after switching lanes, but you were also speeding or switching lanes at the same time, as one example. A court might find that both of the parties were at fault, and then you can’t recover all the expenses you otherwise might have. 

Contributory negligence is when you cannot get any of the expenses back if you bear even a little bit of the responsibility for the accident.

Get Ahold of an Accident Lawyer 

If you have been in an accident, contact a lawyer from the Law Offices of Gary S. Greenberg if you are worried that the insurance company might find fault. Call us today at 414-271-7007, or fill out the online contact form below.