Determining fault after a car accident can be a complex and confusing process, filled with disputes between drivers, insurance companies, and technical legal terms. As an expert accident claim attorney, I have seen firsthand how quickly these cases can become complicated. Here, I will break down the five main methods for determining fault and provide some essential tips for navigating this process.
Method No. 1: The Involved Drivers Decide
At the accident scene, drivers might try to reach an agreement. However, this is not always the best idea. In the heat of the moment, drivers might make admissions that could hurt them later. It is crucial to take cell phone photos before moving the vehicles, obtain contact information from everyone involved, and document all relevant details such as location, time of day, and weather conditions. If necessary, wait for the police to arrive.
Method No. 2: The Police Report Decides
When the police arrive at the scene of an accident, their job is to assess the situation and document the facts. The police report, although not infallible, is a public document that insurance companies will scrutinize carefully. It is essential to review this report when it becomes available and file one if no officer is at the scene.
Method No. 3: The Insurance Companies Decide
Insurance claims can be evaluated virtually with photos of the accident. Insurers will use these reports to determine fault and, if necessary, seek restitution from the other driver’s insurer through the subrogation process. If only monetary damages are involved, you might consider taking the case to small claims court, although this process can be challenging.
Method No. 4: Arbitration Decides
When insurers cannot agree, the case may be resolved through arbitration, a simpler and less costly process than a trial. Most major insurers prefer this method.
Method No. 5: A Jury Decides
If the case goes to trial, a jury will determine fault. However, this is rare; only 1% to 2% of claims cases reach this point. Most are settled before trial due to the costs and time involved.
Additional Legal Considerations
It is important to understand the different fault standards that vary by state. In some places, even if you are only 1% at fault, you cannot sue the other driver. Other states use comparative or modified fault standards, which can significantly affect the outcome of your case.
In this legal maze, it is essential to have an expert accident claim attorney to guide you and defend your interests.
Save the Emergency Contact
If you ever find yourself in an accident and need immediate legal assistance, I recommend saving the number of Jorge Muñoz Law Firm, 854-333-2930, as your emergency contact. Having an expert attorney by your side can make a difference in resolving your case.
