Most jurisdictions have “at-fault” insurance rules, which indicate that the culpable motorist (and their insurance company) is responsible for compensating the other party in the event of an accident.
There are various methods for determining culpability and protecting your rights in an automobile accident.
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Calculating Liability in a Car Accident
Most insurance companies calculate culpability in an automobile accident based on the legal definition of carelessness in the state.
During this procedure, governments may evaluate the following types of negligence:
Comparative negligence: This calculates in a percentage manner how much each motorist was at blame for an accident. The amount of damages that each party can collect is determined by the percentage they get.
Modified comparative negligence: This limits your capacity to submit a claim with the insurance company of another motorist. You may only be able to obtain compensation if you were less than 50% to blame for the accident.
Contributory negligence permits you to get compensation only if you were 0% to blame for the accident (such as your car getting hit while parked).
Protecting Your Rights Following a Car Accident
Gathering proof and refusing to accept blame are the two most important aspects of defending oneself after an automobile accident.
The following are examples of important evidence to acquire at the accident scene:
- a duplicate of the police report
- Photographs showing physical harm and injuries
- Medical documents describing your treatment
- Contact and insurance information for the opposing driver, as well as any witnesses
- Footage captured by adjacent traffic cameras or security cameras
Aside from gathering evidence, it is critical to remember not to apologize following an accident. While it may appear to be a natural reaction, it may harm your accident claim in the future.
Have you been in a car accident? Contact Us Immediately
If you or someone you care about has been harmed in an automobile accident caused by someone else’s negligence, we can assist. Moxie Law Group has vast expertise fighting for the rights of the wounded and wronged, and we’re here to fight for you as well.