Being in a car accident is always stressful. If you were the at fault driver, it can be even more upsetting. You need to know what to do if you are at fault for a crash. Be honest when you talk to the police officer, but never apologize or accept fault when talking with the other driver. You can be factual and explain what happened when you tell the officer your side of the story. Depending on the laws where you live, if the other driver is partly to blame, your insurance might not need to pay out for their damages.
How Fault or No-Fault Comes into Play
In most states, the driver who is at fault is liable for the damages that result from the accident and therefore, responsible for paying for those damages. Usually, your bodily injury liability insurance coverage will cover the medical expenses for the other driver and their passengers while your property damage liability would cover the cost of repairing the damage to their vehicle. The extent that your insurance will pay for damages varies from one state to another because there are different philosophies of negligence that are used. If your state is a no-fault state because they have a mandatory personal injury protection insurance requirement, each driver’s insurance will cover their own damages regardless of who is at fault. A personal injury protection policy will help you bypass the need to file a claim against the other driver’s insurance, but this insurance coverage is usually more expensive.
Different Kinds of Negligence
There are three kinds of negligence observed by states. The first kind is pure contributory negligence. In this case, a driver can only recoup compensation for damages if they were not at all at fault for the crash. That means they are 0% liable. If they are just 1% at fault, they cannot pursue a claim against you for damages. In the states that observe pure comparative negligence, drivers can recoup damages that are in proportion for their percentage of fault for the crash. The third type of negligence is modified pure comparative negligence, which is the most commonly used form of negligence. It has a threshold, so if a driver is 50% or 51% at fault, depending on the state, he or she cannot recover compensation for damages.
Consult with a Personal Injury Attorney
If you have been involved in an accident where you were at fault, you should consult with a personal injury attorney. You might still be able to recoup damages by pursuing a personal injury claim against the other driver if they were partly to blame. Complete the Free Case Evaluation Form on this page to get your claim on the right track.
