How Is Fault Determined in a Car Accident? An Informative Guide

Search Engine Optimization

The scary reality is that you will be in one or more car accidents in your lifetime. The accident may or may not be any fault of yours. Although not all states require car insurance, all states require financial responsibility when you drive a car.

Are you worried about not having enough insurance coverage for car accidents? How is fault determined in a car accident?

Caring for the health and safety of all passengers is the number one priority before pointing fingers for blame and claim payouts. Read our informative guide and learn more about car insurance coverage and how fault is determined in a car accident.

Police Reports

If you are in a car accident, a minor or major one call the police. The police play a role in determining fault.

The police survey the scene, state statements of details, and speak to witnesses. Everything is documented in an official police report for you and the insurance companies.

How Is Fault Determined in a Car Accident?

Although a police report may indicate the policy officer’s professional opinion of who was at fault, it is not the sole determinant. Insurance companies perform their own investigations.

Insurance companies will look at the state laws where the accident happened. They will review the police report. Was there a traffic violation or was a driver distracted?

An insurance adjuster will work with you and all the documentation to determine who was at fault.

At Fault

What is fault defined as in the eyes of an insurance company? An at-fault accident is when a driver shows negligence. The one at fault is the one left to pay for damages.

No Fault

Some states have no-fault insurance clauses. This means, your insurance coverage covers medical-related expenses resulting from a car accident, regardless of who is at fault for the car accident.

The clause is personal injury protection. It covers you and your passengers for medical expenses, lost wages, and other services. It does not cover car damages.

Bodily injury coverage is protection against a lawsuit from an injured party as a result of the collision.

Tort States

Many states are tort states. The driver deemed responsible for the car accident is also responsible for the injuries from the accident.

Car Damages

What about car damage expenses. There are two insurance clauses to protect you from car damage expenses. These two items are optional.

Collision Coverage

Collision coverage pays for the damages to your vehicle as a result of an accident.

Comprehensive Coverage

Comprehensive coverage pays for damages to a car that are not caused by a collision. Two examples are theft and vandalism.

Protect Yourself

Sadly, there are instances where the insurance coverage isn’t enough to cover the losses associate with car accident injuries.

When you left with bills and emotional stress, long after claims are paid, then a lawsuit can be filed for appropriate compensation.

You need an experienced personal injury lawyer. The Sweet Lawyers team provides the best legal representation along with high-quality personal service. They protect your rights and work to get you all that you deserve.

Be Safe

How is fault determined in a car accident is not always easy and insurance payments are not always satisfactory. Practice safety first and do the best you can to protect yourself. Reach out for professional help when needed.

We hope you have found this article informative. Read more of our articles on various topics that you may find of interest.