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November 11, 2022

Lawyer

The tricky method of determining fault in a car accident

Insurance companies are usually responsible for deciding who is at fault in a car accident. In the case of rear-end accidents, where a negligent driver hit a person driving a car in front of him, it is effortless to determine who is at fault. However,  there are several other car accidents that are complex and in these cases insurance companies assess bodily injuries and property damage to determine who is at fault.

If you thought that you are on the safe side by hiring a car accident attorney,  you are mistaken as insurance companies will always try to reduce the fault of the party in order to pay less. Keep reading to learn about the ways in which fault is determined in a car accident.

All that goes into determining fault after a car accident

There is a lot that goes into deciding which party is faulty in a car accident and this is not an easy process. Each party involved in the accident should offer relevant details regarding the series of events that occurred, whether or not there were bystanders during the time of the accident, and several other important details.

As soon as the insurance company takes over,  they start processing and understanding which party had a higher share of fault towards the accident. Once they make a decision, it is understood who is faulty e in the car accident. 

The percentage of fault can add to the difficulty level of determining the faulty party in a car accident.  There are several accident cases where more than one driver can be held responsible for the collision. It might happen that your Insurance Company agrees and accepts 80% of the damages and the other party’s Insurance Company agrees to 20% of the remaining damages. 

What happens when the authority is unclear about the fault?

 In those situations where it is not clear who is at fault, eyewitnesses can help a lot in determining what happened.  Both the drivers involved in the accident might not be eager to admit their fault and this is when the statements of eyewitnesses play a significant role in determining fault. 

If there are multiple eyewitnesses who can agree on the list of events that took place at the site of the accident, this can help in building a solid case. 

After a car accident where you have been injured due to the fault of someone else, it is extremely important to hire a car accident attorney who can fight against the insurance companies.

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