How Is Fault Determined After a Car Accident?

By On Apr 22, 2021

An accident is called an accident for a reason. It is unexpected and unintentional. However, in an insurance claim, there is a guilty party who is the victim of every accident. But how do insurance companies determine who is to blame?

Investigation of the accident

The first step in establishing an accident in an accident is to conduct an investigation. The most important information insurance companies use to investigate the accident is the police reports collected on the spot. This is because the individual claims of each party involved in the accident often contain conflicting information and have personal biases.

Because of the conflicting stories witnessed, insurance companies rely on the police report to conduct their investigations and pinpoint errors. They also use the information from the parties involved, but the police report is the most important piece of evidence as it is unbiased and more believable than a firsthand account.

You can take additional steps to help investigate the claim, such as: B. Providing other evidence. Taking photos of the accident, gathering information from the others involved, and other information you can provide to insurers can help you determine who is to blame.

After an accident, you should never admit that any of the parties involved, the police or the insurance company are at fault. Even if you believe the accident was your fault, there may be other factors that you did not know were the real cause of the accident. Just give the facts and relevant information and let the insurance companies make their own objective conclusions about what happened and who is to blame.

Judge mistakes

Georgia is a “debtor state” when it comes to auto insurance claims. This means that the culpable driver is responsible for repairs, costs or losses under his insurer’s liability insurance.

However, insurance companies usually determine fault based on the state’s legal definition of negligence. There are three types of negligence that are used to assess failure in a defective state.

1. Severe comparative negligence

In the case of comparative negligence, both parties can be held partially responsible for an accident. In the case of strict comparative negligence, your fault percentage will determine how much compensation you will get from the insurance company. For example, if you are 75% responsible for the accident, you can get compensation for up to 25% of your losses.

2. Modified Comparative Negligence

Some states, including Georgia, use a modified form of comparative negligence that limits your ability to recover losses. In Georgia, this means that an injured person can claim monetary damages as long as they are not responsible for more than 49% of the accident.

3. Pure contributory negligence

This type of negligence requires a driver to be 100% error-free in order to repair any damage. For states with pure contributory negligence, the determination of culpability is all or nothing. Even if you are 5% responsible for the accident, you cannot make any claims for damages.

Identifying a mistake can be a complicated thing, and every accident has its own unique set of circumstances that determine the mistake of your case. If you’ve been injured in an accident and need help navigating the process and getting the compensation you deserve, give the Greathouse Trial Law a call today. We are experts in this process, doing everything we can to achieve the result you deserve.

Why Should You Contact the Greathouse Trial Law?

A lawyer can help you manage all aspects of your claim for damages if your lawyer steps in as soon as possible. Your attorney can help you direct the insurance claim process, manage filing of documents with the insurance company or court, and even prepare your case for trial when that point is reached.

Founded by Atlanta-born attorney and born Riah Greathouse, the Greathouse Trial Law has assisted numerous victims in these situations with all aspects of a claim, from investigating the accident site to exposing the racer’s identity to arguing for the victim’s rights Dish. Arrange a free consultation with our office today at 678-310-2827 to learn more about how to protect your interests and your right to compensation.

Blog disclaimer:

Disclaimer: The information in this blog post (“Post”) is for general informational purposes only and may not reflect the current law in your jurisdiction. The information contained in this post should not be construed as legal advice to the individual author or the law firm, nor is it intended as a substitute for legal advice on any particular topic. No reader of this post should act on or dispense with the information contained in or accessible through this post without seeking appropriate legal or other professional advice as to the particular facts and circumstances at hand with an attorney that is approved by the recipient state, state, or other suitable licensing jurisdiction.