• Latest
  • Trending
  • All
  • News

Were You at Fault in That Automobile Accident?

February 12, 2017
Navigating City Centre Restrictions

The Cost of Sports Car Rentals – Is It Worth It?

March 1, 2023
How to Choose the Most Appropriate Boat Trailer for You

How to Choose the Most Appropriate Boat Trailer for You

January 21, 2023
What Is Mileage Log Template and Its Usage?

What Is Mileage Log Template and Its Usage?

December 18, 2022
How to Make Your Car Last Longer: The Ultimate Guide

Requirements For Driver’s Application For Employment

December 11, 2022
Navigating City Centre Restrictions

Navigating City Centre Restrictions

November 28, 2022
4 Reasons Why It’s Time to Get Professional Hail Damage Car Repair

A Guide to Car Hail Damage Repair – DIY Vs. Auto Body Shops

October 6, 2022
Most Common Marine Engine Room Repairs

Most Common Marine Engine Room Repairs

August 4, 2022
3 Major Benefits of Shipping Your Car

3 Major Benefits of Shipping Your Car

July 26, 2022
How to Find a Leak in Car Tires

When Is The Best Time to Buy New Tires and Why?

July 23, 2022
A Beginner’s Guide to First-Time Auto Shipping

A Beginner’s Guide to First-Time Auto Shipping

July 18, 2022
Top 10 Fog Lights

Top 10 Fog Lights

July 8, 2022
What Are the Different Types of Car Window Tints That Exist Today

The Advantages of Owning a Wheelchair Accessible SUV

June 29, 2022
  • Guest Posts
  • Advertise
  • Contact
  • Privacy Policy
Thursday, March 30, 2023
  • Login
Tech Featured - Automotive
  • Home
  • Gadgets
  • Automotive News
  • Interesting Topics
No Result
View All Result
Tech Featured - Automotive
No Result
View All Result
Home News

Were You at Fault in That Automobile Accident?

February 12, 2017
in News
0
78
SHARES
224
VIEWS
Share on FacebookShare on Twitter

Have you ever been in an automobile accident and thought that it wasn’t your fault but your insurance company is now surcharging your policy and paid money to the other party? Most people really have very little understanding as to how the legal system works when it comes to classifying “fault” in an auto accident. Insurance companies have little to do with the determination of fault. It is based on the state in which you live and the comparative fault laws that the states’ legal system adheres to.

There are three basic comparative fault systems used in the United States, and they are very different from one another. A few states recognize the “Pure Contributory Negligence” rule where the injured party cannot recover any damages from the other party if it is even 1% at fault. Other states recognize “Pure Comparative Fault” which allows the injured party to recover even if 99 percent at fault. The recovery is reduced however by the damaged party’s degree of fault. Most states recognize the “Modified Comparative Fault” rule. Some of these states have a 50 percent bar rule which says that an injured party cannot recover anything if 50 percent or more at fault, but if 49 percent or less at fault, it can recover, although its recovery is reduced by the degree of fault. The other states have a 51 percent bar rule which means an injured party cannot recover if it is 51 percent or more at fault.

Insurance companies have to address the issue of a party’s ability to recover financially based on the laws of the state in which the accident occurred. If you are traveling out of your home state, auto insurance contracts generally conform to the laws of the state you are traveling in fortunately. There are very few situations where you would be considered 100% not at fault. Generally, only if you were hit by another vehicle while parked or rear-ended while stopped, might you be considered 100% not at fault. When you’re in an auto accident, there could definitely be a “He did this”, “She did that” difference of opinion between the parties involved. The insurance claims adjusters will listen to the various accounts and compare that against the actual damage on the vehicles. They are very good at determining if an accident occurred the way described by looking at the actual damage. Here are some tips on what to do at the scene of the accident to get the greatest accuracy of what really happened:

Locate a witness. This may not always be possible but an unrelated third party can be very helpful to identify what happened.

Take photos. It’s a very good idea to take photos of the damage done to both vehicles at the scene of the accident so that additional damage is not added after the fact. Many carriers have mobile apps that allow you to directly upload those photos to them.

Don’t admit fault. Most accidents are complex. It’s in your best interest to let the adjusters look at all of the information before assigning fault.

Get names and contact information for all passengers in the other vehicle. You would hate to have additional claimants try to make claims for injuries against you that were not even at the scene of the accident.

None of us want to be involved in an accident. There are cars that have to be repaired and possibly injuries to recover from. Stay calm and collect a little bit of additional information to help your insurance company determine as accurately as possible what happened which will ultimately be in everyone’s best interest.

Tags: AccidentFault
Share31Tweet20Share8
  • Trending
  • Comments
  • Latest

Buying a Gazebo – How to Install a Gazebo on Grass

June 8, 2017

Water Powered Cars – The Benefits and Disadvantages

November 9, 2016

Lutec 1000 Free Energy Machine – World’s First Commercial Free Energy Machine?

November 16, 2016
Navigating City Centre Restrictions

The Cost of Sports Car Rentals – Is It Worth It?

0

Automotive Fasteners – A Number of Items Included on the List

0

Drag Racing – The Perfect Launch

0
Navigating City Centre Restrictions

The Cost of Sports Car Rentals – Is It Worth It?

March 1, 2023
How to Choose the Most Appropriate Boat Trailer for You

How to Choose the Most Appropriate Boat Trailer for You

January 21, 2023
What Is Mileage Log Template and Its Usage?

What Is Mileage Log Template and Its Usage?

December 18, 2022
Tech Featured - Automotive

Navigate Site

  • Guest Posts
  • Advertise
  • Contact
  • Privacy Policy

Follow Us

No Result
View All Result
  • Home
  • Gadgets
  • Automotive News
  • Interesting Topics

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In