According to the National Highway Traffic Administration (NHTSA), car accidents occur every minute of the day. Car accidents aren’t always deadly, but they can certainly cause some damage to your car, and to you. After car accidents, people are usually thinking two things: Is everyone okay, and who’s fault was this? There are some ways that fault is determined after an accident by an insurer’s perspective.
Fault-Based vs. No-Fault States
The majority of states carry a fault-based system for auto accidents. This means that in the case of an auto accident, the at-fault driver’s insurer will typically help pay for repairs, medical expenses, and other losses such as pain and lost wages, all through that driver’s liability coverage. This is the system that most of us are familiar with; however, they don’t follow these rules in no-fault states.
In no-fault states, every driver is required to submit a claim through their insurance after an accident, regardless of who is at fault. After an accident, each driver’s insurance company pays for the insured’s medical expenses up to a certain threshold. Under no-fault laws, motorists may sue for severe injuries and for pain and suffering only if the case meets certain conditions.
Fault for Car Insurance Settlements
There is often a lot of “he said, she said” after an accident, because neither parties want to be at fault. This is when police reports come in handy, because they can ultimately break the tie. They also help insurers figure out what exactly happened in the accident, which will help the case. Gathering evidence is very important when dealing with insurance, because they will also help determine who is at fault. This can involve taking pictures and getting information from other drivers and witnesses. Avoid admitting fault at the scene of the accident, because you might not know other pieces of information. When speaking to police, give the facts that you know and, instead of saying “no” when you are unsure, just simply tell them you are unsure.
Car accidents can be very scary, and you might not know the exact cause of the car accident. Make sure to take pictures and try your best to accurately describe the situation to police officers when they arrive at the scene. If you have any questions about the legality behind car accidents, call our office.