After a car accident, it is the insurance companies that will determine fault. Here is what they will consider when deciding.
A police report doesn’t always have the final say, but the officer will provide an objective opinion on how they believe the accident occurred. It will also contain vital details on how they reached that conclusion, such as:
A traffic law violation or an arrest can serve as significant evidence of fault for the collision that would be difficult for that party to challenge.
Fault can quickly be determined in some car accident claims due to “no-doubt liability.” A no-doubt liability accident is one where it is almost always one particular driver’s fault. For example,
In these types of cases, it is challenging for the at-fault party to argue against their liability, and most claims are quickly resolved with a settlement in favor of the victims.
This law allows parties to recover compensation even if one is 99% percent responsible for an accident. The insurance company will assign a percentage of fault to each party, and their compensation will be reduced accordingly. For example, if you are awarded $100,000 and found 40% responsible and the other driver is 60%, you will receive 60% of your award or $60,000. If you are assigned 80% of the blame, you will receive 20% or $20,000, and so on. As long as you are not 100% to blame, you can recover compensation.
When another party is at fault, it doesn’t mean their insurance company will readily extend a fair settlement offer. Therefore, it is critical to do what you can, which includes:
Last but not least, hire a St. Louis car accident attorney. They help you ensure liability falls on the appropriate party.
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