If a car accident occurs, in most states the driver that is at fault will be the one who is financially responsible for any damages and/or injuries that resulted from the accident. In reality, the driver that is deemed to be at fault for the accident, the insurance company will enviably be paying for these expenses. As a result, the driver that was deemed to be at fault will be paying years to come with higher premium rates. From state to state, the laws and rules that apply to any car accident will differ.
How exactly will a claim be affective if more than one driver was to blame for causing an accident? How do these injury claims work if you are living in a “no fault” car insurance state? Woodstock auto accident attorneys can help with these questions and many more.
How to Determine Fault for a Car Accident
If you live in one of the states that are considered to be a “fault” state such as (Alabama, Arizona, Colorado, Connecticut, Delaware, Idaho, Indiana, Missouri, Nebraska, New Mexico, Rhode Island, and 27 others) proving the liability and fault for any injuries resulting from an accident will be the root of your case.
While there are differences in the law, which have major impacts on what exactly happens after an accident occurs, nothing actually has a bigger impact than to determine whose fault the accident was.
In fact at times, determining whose fault the accident was is very straight forward and everyone is aware that one of the two drivers who were involved broke the rules of driving safely and should be held accountable for his or her actions. For example: if one car hits another car in the back end and there were three witnesses that had nothing at all to do with the accident.
“No Fault States” Car Accidents Happen
A dozen or so states are considered“no fault”
(Florida, District of Columbia, Kansas, Hawaii, Massachusetts, Kentucky, New Jersey, Michigan, Minnesota, North Dakota, New York, Pennsylvania, and Utah), when an injured driver turns first to his or her own car insurance company after getting into a car accident, no matter whose fault the accident actually was. The only way that a driver may step out of the no fault clause and actually, file a lawsuit against another driver is if the accident cause what is considered to be a serious injury.
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