After a car accident, many things are uncertain. Determining fault is one of the haziest aspects after a car accident. Many drivers admit undue liability and insurance companies can also engage in deceptive tactics to obscure the truth, further complicating the process.
This article discusses what determines fault in car accident cases. State law has a significant impact on determining fault but so do insurance companies, police reports, eyewitnesses, and the drivers themselves. Continue reading to learn all there is to know about what determines fault in car accident cases.
If you are uncertain about determining fault in your car accident case and in Colorado, you should contact an experienced Denver accident attorney to help understand all of the important details surrounding your case.
Fault In Auto Accidents
If you have ever experienced a car accident, you likely have some idea of the procedure that happens afterward. If the accident involves bodily injury or property damage, police will likely arrive on the scene and create a police report. During the police report, they will collect evidence, speak with any witnesses present, and summarize their interpretation of what happened to determine responsibility.
The police report, however, doesn’t automatically issue liability. While insurance companies often look at the police report to determine fault (as well as any other evidence) determining fault often comes down to state laws.
State Liability Laws
States assign liability differently for car accidents depending on where the accident occurs. For example, states such as Florida operate under a comparative fault system. Using this method, each driver receives a share of fault depending on the degree to which the insurance company investigators believe each driver contributes.
If a driver cuts another vehicle off and immediately hits the brakes, causing the other vehicle to rear-end them, the first driver would likely receive the majority of the blame while the other driver receives the rest for following too closely.
Both drivers can issue claims against each other in comparative fault states. However, they may only collect the percentage of their total losses equal to the other driver’s percentage of fault.
In a modified comparative negligence state, the laws operate like ones in pure comparative negligence states but they disqualify drivers from pursuing compensation if their liability exceeds a specific percentage (typically 50 or 51).
The third type of state liability law is known as contributory negligence. Under this system, any fault assigned to a driver renders that driver unable to pursue compensation from the other driver or their insurance company.
Personal Injury Protection (PIP)
In states with personal injury protection laws, car accident victims must file a claim with their insurance company regardless of the at-fault driver. These states mandate a minimum amount of insurance that drivers must carry and they can only pursue the other party after their insurance company pays that minimum.
What Is an At-Fault Accident?
At-fault states are states without PIP coverage laws. In these cases, the at-fault driver’s insurance company must help cover the other driver’s injuries and property damage claims. For example, you’re deemed responsible and negligent after hitting a parked car. In this case, your insurance company would have to help repair the other driver’s car damage.
Drivers Decide
In some cases, drivers can decide fault at the scene of the accident. In these cases, drivers often wind up pointing fingers at each other while they exchange information. Drivers might admit fault in the heat of the moment without understanding the nature of the accident.
To avoid this scenario, drivers should take pictures before the involved vehicles move. They should also record eyewitness statements and note their names and phone numbers. Drivers should show their license and insurance ID card and record the make and model of the involved cars. Finally, they should document the location, time of day, and weather conditions of the accident. If necessary, the parties should wait for the police to arrive on the scene.
The Police Report Decides
While police reports aren’t infallible, they typically contain pertinent details about the accident. Details such as cell phone use and driving under the influence can automatically determine fault in accordance with state laws.
The police report becomes a public document, so insurance companies will always look to this for guidance when determining fault. The police report will be of particular value if the other involved driver tries to sue you for damages or medical injuries.
Insurance Companies Decide
If the involved parties file claims with their insurance companies, the insurers will be responsible to decide the outcome. Your insurer will seek retribution from the other’s insurance company if they find them to be at fault for the accident. This process is known as subrogation.
Arbitration Decides
When insurers don’t agree, they use a process known as arbitration. Arbitration can reduce the number of lawsuits and make it easier for insurers to issue settlements.
A Lawsuit Decides
If you go to court, a jury will decide the at-fault driver in your accident. Very few claims result in lawsuits due to the lengthy process of getting a case to court and trying it before a jury.
What to Do After a Car Accident
After car accidents, the last thing you want to do is make it easier for your insurance company or another driver to hold you liable. Say as little as possible, especially when speaking to insurance representatives, and never admit fault. You should also speak with a car accident attorney as soon as possible to ensure you fully understand your case and can get fair compensation.
Without consulting a car accident attorney, you leave many things, such as collecting evidence, negotiating with insurance companies, and understanding personal injury law up to chance. Car accident attorneys are experienced in the art of negotiating with insurance companies and can ensure you get the most out of your case.
Conclusion- What Determines Fault In Car Accident Cases?
Many things can determine car accident fault. Very few ever get to the lawsuit phase. However, if you are unsure of who’s going to pay for the medical bills you incur after a car accident or you have vehicle damage you don’t think you should be responsible for, you should contact an attorney.
Car accident attorneys can help you understand the complete nature of your case and whether filing a claim with the court is your best option. Before deciding whether to take your claim to court, they will also negotiate with your insurance company, helping you avoid some of the unscrupulous tactics these companies use to get drivers to admit undue liability.