It is common knowledge that whoever is responsible for an auto accident will have to pay for all the damages. However, this does not automatically mean that one party will be deemed to be at fault while the other one will bear no blame. This is because many states have established complicated systems to determine who is at fault for an accident. Through these methods, a certain percentage of the liability is assigned to each of the drivers involved and this ends up resulting in different financial responsibilities for each party.
Most states allow the insurance company to determine each party’s liability. Then the insurance company will seek indemnification from the other company to cover their policyholder. To confuse the matter further, insurance companies are not required to agree with the conclusions that the police arrive at when preparing the accident report. Ultimately, they are the ones who have the final word regarding which party they believe to be at fault.
How Is the Percentage of Fault Determined?
If one of the drivers receives a traffic citation or has violated a traffic law, they will largely be held responsible for the accident. This happens, for example, when one of the drivers receives a ticket for speeding or running a red light. If there are no police around, you can use your own judgment to determine that the other driver is at fault. Call the police to come and verify this information.
Consider the Evidence
There may be evidence to back up your belief as to the liability of the other party. Make sure to gather as much as you can while still at the scene of the collision. Start by taking photographs of the cars and their damage, of yourself and your injuries, and of any other pertinent items that might have played a role in the accident.
If there are any witnesses around, record their testimonies and get their contact information. This evidence may come in handy should you decide to file a claim later on.
Request a copy of the police report. This document will provide your insurance company with an account of the situation although it is not based on what happened since the police did not bear witness but must rely on what the drivers involved report to them.
Look around to see if there are any video cameras from nearby retail locations or other establishments. They might have recorded precisely what happened and the video will serve as a strong piece of evidence to strengthen your case.
Applying Evidence to Determine Fault
The state where the accident took place will impact how blame is distributed when an accident takes place. States with a no-fault auto insurance policy consider that each insurance company shall be responsible for their insured and should cover their claims.
If you live in a state that is ruled by pure contributory negligence, you will discover that if an injured party is even the littlest bit at fault for the accident, they will be unable to recover anything for their injuries or damages.
If the state where you live is a pure comparative fault state, if a driver is partially at fault for causing their injuries, the damages they receive will be reduced by the percentage of their fault. Other states consider that if you are more than 51% at fault for the accident, you are not eligible to file a claim against the other driver.
It is important to find out how the state where the accident happened views fault in an accident to know how to proceed.