How is the Percentage of Fault Determined?

Following an accident, it is the job of the insurance company claims adjuster to determine the relative degrees of fault based on the conditions encompassing the accident. There is no magic formula or mathematical method for determining percentages of fault in accident injuries. More info on this website
You and the claims adjuster will negotiate and arrive at some understanding as to what, if any, your allocated fault is. Here is where an expert personal injury attorney can be useful. He or she will know how to evaluate the accident and recommend the lowest percentage of fault on your part. More info on this website
If you and the insurance adjuster reach an impasse, a court of law is your next step to take care of the issue of fault. More info on this website

Fault and Car Insurance

Insurance companies often offer you additional coverage/protection (for extra money) to assist pay for property damage and/or personal injury and medical expenses regardless of fault. So if you are injured in an accident that was largely your mistake and you are not allowed by law to receive compensation from the other person’s insurance, but you have additional coverage under your own plan, your insurance company will pay for your injuries. This extra coverage is called PIP (personal injury protection) or No-Fault coverage. Under this situation, you would file a liability claim with your insurance company for medical charges and lost revenue, up to a specified maximum, without any discussion or difference about the circumstances of the accident and who was at fault. Whether you can file for further costs against the other person who was at fault in the incident is dependent on the laws of your state. In many states, Uninsured/Underinsured protection is required. This provides protection for damages ensuing from an accident with somebody who either has no insurance or does not possess enough insurance to cover your costs. It also protects you if the other person flees the scene right after the accident or is the driver of a stolen truck. Apart from the injuries suffered, the degree of fault is probably the most imperative aspect in figuring out exactly how much you may finally regain for your accident injury. In most instances, both you and the insurance company will know (by the instances encompassing the accident) the level of fault for both people. Was the other party entirely at fault? Largely at fault? Or only a little at fault? If you are in a comparative fault state, an adjuster will reduce your recuperation amount by your percentage of comparative fault. If you were only 10% at fault, your damages total would be decreased by 10%. Your recuperation will not be reduced by any amount if the accident was someone else’s fault.

If you have been seriously injured in an accident, please call us today for your no-cost, private consultation with a skilled Accident Injury attorney.