How To Handle Car Accident Fault Issues


After a car accident, the driver that caused the crash should be identified as soon as possible. Unfortunately, some accidents present challenges when the drivers don't agree on fault. Read on to find out what happens when a car accident process is bogged down by issues of fault.

Fault is Important

The driver found to be at fault is responsible for paying the damages to the other driver (and their own damages as well). The driver's insurer, of course, is who ends up with financial responsibility for the damage if the driver has auto insurance. When fault after a car accident is in dispute, it can complicate the process of resolving the claim.

Here are some potential outcomes and steps that may be taken when the fault is in dispute.

Insurance investigation: After a car accident, the insurance companies of the drivers involved will conduct their own investigation to determine who was at fault. This may involve reviewing police reports, witness statements, and other evidence.

Attorney Investigations: Contact a personal injury attorney for help after an accident. If fault is undetermined, the lawyer may hire a professional investigator to go over the evidence and learn more. An accident reconstruction expert may create a computer model of the accident and recreate what occurred to help determine the cause.  

Mediation or arbitration: If the insurance companies are unable to come to an agreement on who was at fault, they may suggest mediation or arbitration. This involves a neutral third party who will hear both sides of the argument and make a decision.

Lawsuit: If mediation or arbitration is unsuccessful, either party may choose to file a lawsuit to have a court decide who was at fault.

Comparative fault: Some states use a comparative fault system to determine damages in cases where the fault is shared. This means that each party is assigned a percentage of fault, and damages are awarded accordingly. It's important to note that not all states use comparative fault to divide damage responsibility. 

Settlement: In some cases, even when fault is disputed, the parties may choose to settle the claim out of court to avoid the time and expense of a lawsuit.

The outcome of a disputed fault claim can have a significant impact on the amount of compensation you receive for damages. If you believe that you were not at fault for the accident, it's important to gather as much evidence as possible to support your claim and work with an experienced personal injury attorney who can help protect your rights and advocate for your interests.


28 April 2023

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