Finding Fault in Auto Accidents

Knowing how finding fault in auto accidents works ahead of time can save you lots of headaches as well as money in the long run.

Perhaps the most important factor when dealing with auto accidents is determining who is at fault. If you are involved in a car wreck, hopefully it wasn't your fault, but determining who is legally responsible for the crash is more involved than you might think. We live in a reasonable society and out laws are (usually) based on reason. Negligence is the term that is applied to the person who acted without reasonable care and caused an accident. For example, reason would dictate that driving at night without lights would increase the chances of having an accident. When someone is found to be negligent, they are then responsible for the damages. Sometimes, though, it is not absolutely clear who is at fault, or negligent, and then there is shared fault; meaning that insurance companies and adjusters must determine on a percentage basis, how much fault to assign each driver. Here is a brief guide to some different types of fault.

Pure comparative fault

This term basically means that an injured person can be held responsible for a percentage of his or her fault. If you are injured and found to cause some of your own injures, but not all, under this form of fault, you can recover partial damages. If you have an accident and are determined to have been only 60% responsible, under this measure, you are able to collect 40% of damages for your injury.

Proportional Comparative Fault at 51%

Around half of the states use this. What this basically means, is that if you are injured in a crash and it is determined that you are more than 51% responsible for the crash, you are not able to collect anything for your injury.

Proportional Comparative Fault at 50%

Under this measure, a person that is under 50% responsible for a crash is able to collect compensation. Over 50% and the person is entitled to nothing. If both are determined to be equally at fault, and equally negligent, then no one is entitled to compensation.

One great way to make sure that you are covered for personal injury and medical bills, is by purchasing personal injury protection (PIP). PIP is extra coverage, sometimes called No Fault coverage, and basically covers your injury costs even if you are at fault, and not entitled to compensation from the other driver's insurance.

If you are concerned with being in an accident with an uninsured or underinsured driver, you may purchase Uninsured/Underinsured coverage which will protect you. This protects you if you have an accident and the other driver is unable to pay your expenses, the other driver leaves the scene of the accident, or is driving a stolen car.