Let us say you were involved in a car accident and you think that it is your mistake, you might be thinking: Can you get compensation if the accident was your fault?
The quick answer is–it all depends on the specifics of the accident and the kind of insurance you have, as well as the laws of the state in which the incident happened.
In other cases, you can still receive partial compensation, particularly in cases where other parties can also claim to be to blame. So, how can fault affect your compensation claim, and what should you do about it? Keep reading!
Understanding at Fault Accidents
By at-fault accident, this implies that you were the main cause of the accident. This may be as a result of speeding, driving without concentration, driving against a red light or any form of traffic offence. Evidence, police reports and the testimony of the people involved would help the insurance company and, at times, the at-fault accident attorney determine who was at fault.
According to the lawyer for car accident at fault, when you get hit and hurt in an accident then it is your duty to stop, assess injuries. You must give information and report the accident when there are damages or injuries. This is because the failure to do so may attract legal implications other than the accident.
Another commonly asked question is Should you admit fault in an accident? So, give the police truthful and real facts and leave it to them to know what happened. Most times, blame is on both sides, and further examination can also show that there was indeed another cause of the faulty bearing by the other driver. An at-fault accident attorney will assist you in knowing what to say and what not to say after an accident.
Can You Get Compensation if the Accident Was Your Fault?
It is, perhaps, unrealistic, yet even when you were at fault, there is still a chance you can get the compensation, based on some factors:
States that have No-Fault Insurance
In a no-fault insurance state, your medical bills and loss of earnings will be taken care of by your insurance company no matter who is at fault. This is however limited and not inclusive of vehicle damage and pain and suffering.
Comparative Rule
In some of the states, they adhere to a comparative fault system, in which imprints of concern are allocated to each party involved in the crash. However, by law if you are involved in a collision, you can still claim damages even if you were somehow at fault; the only thing is that your compensation will be deducted according to your level of fault.
Suppose that you met a car accident and the damages (the amount needed to repair the car and the medical costs incurred) totaled PKR 1,000,000.
The court, upon research, arrives at the finding that:
- You were 30 percent at fault (e.g. you were a little bit too fast).
- The other driver was 70 per cent to blame (i.e. they ran a red light).
The comparative negligence law only means that your compensation will be computed and deducted by the percentage of fault, but you still have the right to be compensated.
This is how it does:
- Total amount claimable PKR 1,000,000
- Your portion of blame: 30 per cent
- Deduction on account of your fault: PKR 300,000 ( 30 percent of 1 million)
- You get: PKR 700,000
NOTE: According to the comparative negligence law, if your fault is 51% or above, you will not be eligible to get compensated at any cost!
Insurance Coverage
The question that many people probably ask is this: Does insurance cover accidents that are your fault?
True, liability insurance provides cover against damage caused to the other party, whereas collision insurance covers repair of your car even when you were the cause of the accident. By virtue of your policy, you can recover some of your losses.
What a Lawyer Can Do in Case You Were in the Wrong
When you are in a situation where you have been put under liability due to an accident, hiring an at fault accident attorney is something you need to do. This is how they can assist:
- Understand causes of the accident by investigating it to determine whether other parties were involved in the crash.
- Use your bargaining skills to get insurance companies on your side.
- Appeal a complete finding of fault when the same is not truthful.
- Assist you in figuring out the car accident lawsuit procedure, such as time limits and documents.
When two parties are involved, the lawyer can perhaps mitigate your cause of fault, leaving you to stand a chance of receiving some compensation of any kind.
How to Get Compensation from a Car Accident
The following are some of the possibilities on how you may recover compensation:
Take Your Own Insurance
In case you have collision coverage or personal injury protection (PIP), then you can draw on these advantages to cover your losses. This is usually the easiest mode of getting compensation.
Filing Claim based on Comparative Negligence
Produce evidence under the instructions of your attorney to show that in those states that observe comparative negligence statutes, the damage caused could be apportioned to both sides. This may minimise your liability and enable you to get some of your losses back.
Search for Manufacturer or Third-Party Failure
In some cases, an accident occurs because of some bad parts, bad road conditions, or even an indirect action of another driver. In case your attorney is able to demonstrate that a third party in any way helped to trigger the accident, you can take some or full responsibility away, which would enable you to recover your compensation despite being the defaulting driver.
The Car Accident Lawsuit Process
When you are sued or when you are contemplating suing someone, here is a general overview of what is going on:
- Investigation: At this stage, both parties collect evidence such as photographs, witness testimony and medical reports.
- Claims and Defenses: Your attorney will rebut any legal claims brought against you and may make any claims against you.
- Negotiation: In the vast majority of cases, the settlement occurs out of court in the negotiations between the lawyers and insurance companies.
- Court Trial (with necessity): In the event there is no settlement, the case is taken to trial in the court by either a jury or a judge who reviews the fault and the damage.
The main thing is to have an experienced at fault accident attorney, in order to go through this process particularly when you are being held accountable.
Conclusion
When you are on the wrong end of a car accident, it does not necessarily imply that you are out of options. You still might be compensated partially or as a whole, with the help of appropriate insurance, legal assistance and legislation of the state in your favor. Knowledge of your rights, failure to confess at an early stage, and engaging the services of an attorney at an early stage can do a lot of help.
When you are involved in an accident and you are not aware of the actions to follow, then HLA Law is always ready to advise you. Their group of qualified lawyers will be able to assess your case, defend your rights, and secure the compensation you need to receive. Even in cases where it was your fault that the accident happened.
