There are about 6 million car accidents in the United States every year.
Being in an accident is a scary experience, but having to deal with the aftermath can make things even worse.
How do you know who’s fault the accident was? What does the law say about your situation? What are you supposed to do next?
If you want to know who determines fault in a car accident and how that conclusion is made, keep reading below to find out more.
What Is Fault?
The person that would be considered at fault in an accident is the person that caused the accident.
Although this sounds very simple, in some accidents, fault can become more complicated and unclear. This is especially true if different people involved in the accident are blaming each other.
The specific laws about tort (fault) or no-fault are based on the state that you live in.
You need to know what the law says about ‘fault’ in your state before you are out on the road because you never know when an accident may occur.
Some states that are considered “no-fault states” will ask drivers involved in an accident to use their own insurance for accidents regardless of who was at fault. Other states, known as tort states, will have an investigation into the crash and the party at fault will be liable for damages.
Who Determines Fault in a Car Accident?
The insurance company is going to be the one that determines fault after an accident because they will be the ones that will have to pay for the damages, especially in a tort state.
Every insurance company handles these claims differently and each state still has its own laws regarding what car insurance has to cover. For this reason, it is important to have a solid understanding of your car insurance policy before an accident occurs.
You also may want to discuss the laws in your state with a qualified attorney following an accident. This will help you understand what you can expect.
How Is Fault Determined in a Car Accident?
Insurance companies will determine fault based on the idea of who acted or failed to act responsibly.
Essentially, the insurance company is trying to determine who has been negligent and how that negligence resulted in the crash or accident.
Multiple drivers could share fault for an accident, but it depends on what the insurance companies say.
Have You Been in an Accident?
No one wants to be the person that was at fault in an accident, but you never know when it may happen to you.
Now that you’ve got a better understanding of who determines fault in a car accident, you’re ready to proceed and speak with your insurance company about the situation.
It could be helpful to bring up your situation with a car accident attorney as well just to be sure that you have all of the facts straight.
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