How Is “At Fault” Determined?
Thursday, June 17th, 2010Car accidents happen. The probability of you being involved in some sort of driving accident within a period of a few years is very high. So, if you get into that situation and you feel that you were not responsible for the incident, keep in mind that the person who is “at fault” is determined by the authorities, not by you. Even if you didn’t claim liability for the accident and you plead with the police, generally the person who receives the ticket will be the person considered to be “at fault”.
Depending on your state’s laws and the circumstances surrounding the accident, the “at fault” factor is often the most important one in determining the amount of compensation you may receive or the amount of money you will have to pay after an accident. Even though it may have been “cut and dry” as to who was responsible, an insurance company would still have to determine how much you or the other party was “at fault”.
If you want to be totally sure of who is responsible for the accident in question, you should always perform your due diligence and request a copy of the police report from the traffic division of the police department. You never know, but the police officer who wrote the report could have mentioned some infraction that the other party committed and therefore could help you in your case. Keep in mind that every insurance company has its own policies, so you should always take note of your specific coverage to see what kind of recourse you have when it comes to any change in premiums. You should also check your state laws for any support in your case. Remember, you can never strengthen your side of the story too much; try to get that “official” support for your argument.
This content is offered for educational purposes only and does not represent contractual agreements. The definitions, terms and coverages in a given policy may be different than those suggested here and such policy will be governed by the language contained therein. No warranty or appropriateness for a specific purpose is expressed or implied.