Auto accidents are a fact of life. Who is at fault, who is entitled to compensation and how much, and how is a driver's record affected by the car accident are all governed by state law. If you have been involved in a car accident, you may be entitled to receive compensation for your damaged property and for any other harm that the accident caused. Compensation generally includes payment of medical bills and lost wages plus compensation for other damages like pain and suffering. This compensation typically comes from filing an accident claim with your own insurance company or from the other driver’s insurance company, depending on the circumstances of the incident and the law where you live. These factors and the extent of your injuries and damages will also dictate the amount of your car accident settlement. Another important factor which contributes to your accident settlement is the proper filing of a car accident claim with the insurance company. Make sure to document all your correspondence with the insurance company and provide clear and detailed information regarding your claim for maximum value of your accident settlement. In this section, you will find information on auto accident laws, including how and when another driver can be held at fault and how to deal with car insurance companies, and when to contact an auto accident attorney to represent you.
Fault– How Negligence Plays a Role in Auto Accidents
Negligence is a legal term that refers to the actions of others and, similarly, “fault” is an individual’s responsibility for the accident in question. Negligence is when a person fails to act in a reasonable and careful way. This person's negligent behavior results in an accident and/or an injury and this is where the term “fault” comes into play. Fault refers to an individual’s responsibility for the accident and who is at fault takes up most of an insurance adjuster’s time when evaluating claims. In the context of car accidents, negligence can take the form of speeding, a failure to check before entering an adjacent lane, tailgating, driving in a vehicle with broken or faulty equipment, driving while intoxicated, or driving while texting or talking on the phone. Sometimes an accident is not caused by a negligent driver but by a government entity. Dangerous roads that are not properly maintained or other hazards on government owned property can cause car accidents. When a serious injury is the result of an auto accident, and particularly when a government entity may be at fault, a car accident attorney can make or break a car accident claim by understanding the laws and rules with respect to fault, the types and amounts of compensation that are possible under the circumstances, and the deadlines and procedures that must be followed.
Each state has its own laws with respect to fault. These differences are what we are referring to when we discuss fault and no-fault car accidents. Some states have adopted no-fault laws, effectively disregarding who is at fault in a car accident and, instead, having insurance companies cover those they insure instead of going after the driver that was at fault. Other states have some form of fault-based laws with the focus being on compensation from the party who was at fault for the accident. These laws can be a bit more complicated and states vary on how they handle fault in these states. If you’ve been in a car accident and fault is an issue, check out our Fault and No-Fault Car Accidents article to determine if you are in a fault or no-fault car accident state. If you are in a state with fault-based laws, you should speak to a car accident attorney to sort out the facts and the law specific to your situation.
Car Accidents and Insurance Claims
Most car accident cases will be resolved through insurance and a settling of auto accident insurance claims through one or more insurance companies. Some states have no-fault insurance laws that guarantee payment of basic property and injury damages without the need for a determination of fault, but sometimes damages are not fully covered and in these situations, drivers should seek the advice and counsel of an auto accident attorney. An insurance claim can be simple or it can be complicated. If fault is clear and there are no injuries, the insurance company will likely pay out what it deems reasonable for property damages. A complicated auto accident claim usually involves some sort of injury, sometimes multiple cars and drivers are involved, and fault is usually in question.In these claims, an insurance adjuster will take the time to contact all of the individuals involved in the accident and to conduct a thorough investigation and evaluation of the circumstances surrounding the accident and the laws that apply to the situation.
Car Accident Settlements
Most car accidents are handled through an insurance settlement, yet when death or major injury is involved, a lawsuit may be necessary to sort out the fault and compensation issues in the claim. Compensation for car accident damages can take the form of payment for property damage, reimbursement for medical expenses, past and future lost income/wages, physical and/or psychological pain and suffering, and, if applicable, loss of companionship.
Do You Need an Auto Accident Attorney?
Since most car accidents are settled without an attorney, when would you actually need an auto accident attorney to get involved? Does your car accident involve a serious injury? Are you having trouble with your insurance company or the other party's insurer? Has your claim been denied or delayed? Is the party at fault uninsured? These are all good reasons to see a car accident attorney to make sure your interests are properly represented and your claims properly handled.