- Car Accident Not Your Fault
- How Does An Insurance Company Decide Who Was At Fault After A Car Accident
Car Accident Not Your Fault – Knowing what to do after an accident that was not your fault can save you from expensive compensation and legal problems. Dealing with an insurer is already stressful enough. But now you need to contact your at-fault driver’s insurer and you don’t know where to start. This article will give you advice on what to do after an accident.
After being involved in a car accident, there are certain steps you should take to protect your interests in the event that the at-fault driver fails to report the accident or makes a false statement about how the accident occurred.
Car Accident Not Your Fault
First, try to stay calm. Then make sure you’re okay and seek medical attention if you’re not. You will need to call an emergency medical center to treat the injured. Do not move the injured person unless the situation requires it. Move all involved vehicles to one side of the road to avoid traffic jams or other vehicular accidents.
What To Do After A Car Accident That Is Not Your Fault 
If the accident was clearly caused by the fault of another driver, that driver must report the incident. But don’t trust them to make a report. You may only be able to prove that the accident happened with the evidence. Therefore, it is necessary to gather information before leaving the scene.
If it’s unclear which driver caused the accident, you can gather some evidence to help your case, according to FindLaw. Creating a report to the police will also serve as leverage when explaining how the accident happened or when reaching an agreement with the at-fault driver.
If you are not seriously injured, you can return home immediately after the accident. Write the main details of the accident in a note so that you can remember the event clearly.
Enjuris recommends calling your insurer immediately after an accident. Since most accidents happen in a matter of seconds, you may not know all the details of the event. You may also be partially responsible for the accident. In addition, the at-fault driver’s insurance company may not cover the medical treatment and property damage bills incurred during the accident.
Rear End Collision Fault: When Is A Rear End Collision Not Your Fault?
If the other driver’s insurer denies liability for the accident, you will need your insurer to dispute the medical and property damage costs with the other driver’s insurer. If you are partially at fault, your auto insurer may have to cover the cost of repairing the vehicle.
Usually, the at-fault driver’s insurer will cover any repair, replacement and treatment bills for any damage or injuries that occurred during the accident. But some insurers may waive their insured’s liability in an accident and refuse to pay the cost of the damage.
When that happens, FindLaw says your auto insurer may be able to cover financial losses for accident victims, sue the at-fault driver’s insurance company, or reach a settlement with them. However, it doesn’t hurt to hire an attorney to sue the other driver’s insurer on your behalf. If the cost of repairs and medical care for the damage sustained is less than the cost of hiring a lawyer, you do not need to challenge the matter legally. Always weigh your options carefully before deciding on accident compensation.
If you’re unsure about the next step to take after comparing your options, you can ask an expert car accident lawyer to guide you, according to Enjuris.
How Is Liability Determined In Arizona Car Accidents?
If you have been seriously injured in a no-fault accident, you may be able to seek compensation from the at-fault driver’s auto insurer. Please note that their policy may be less than your total medical expenses. If at-fault driver coverage can’t cover all of your medical bills, you can use uninsured driver coverage to cover the costs, according to Allen, Allen, Allen & Allen.
Accident victims in no-fault states can use Personal Health Insurance (PIP) to cover the remainder of their medical bills.
If the driver damaged your car in a no-fault accident, they will have to pay you the value of the car in cash. In this situation, the actual price of your vehicle is the amount it would be worth if it were totaled. According to insure.com, insurers calculate the value of a car in the format: replacement cost minus depreciation cost.
The replacement cost is the purchase price of a similar model of the damaged vehicle. Depreciation cost is the amount your car has depreciated over the years. In addition, the at-fault driver must cover the sales tax on your replacement vehicle.
How Does An Insurance Company Decide Who Was At Fault After A Car Accident
The at-fault driver’s insurance company is responsible for paying your deductible in a no-fault accident. However, processing such claims often takes a long time. If you want to get your car back on the road as soon as possible, you may have to pay the deductible yourself, says American Family Insurance.
Produced independently of Car and Driver Editorial, Hearst Autos Research features articles about cars and the auto industry to help readers make informed buying choices.
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How much does comprehensive car insurance cost? Bad credit car insurance. How does the car insurance deductible work? 8 easy ways to get cheaper car insurance. One of the main questions you will need to answer after an Arizona car accident is, “Who is responsible?” Liability refers to being financially responsible for another person’s injuries related to an accident. How insurance companies – and civil courts – handle car accident claims depends on state liability laws. The laws of the state where your car accident occurred may determine whether someone else must reimburse you for the accident.
States classify themselves as both at-fault and no-fault insurance states, with some exceptions that use hybrid laws. Arizona is one of the majority. This is a faulty state, along with 38 other states. This means that the party at fault for your accident will have to pay for your damages, including medical bills, lost wages, and property damage. Arizona at-fault insurance law uses a tort-based system to determine liability for a car accident. The driver or person guilty of the offense that caused the car accident will be financially responsible. A driver in Arizona can be held liable for a car accident for many different offenses.
Arizona’s insurance system contrasts with no-fault states, where all drivers contact their insurance companies regardless of fault. Instead, the negligent or irresponsible driver will have to pay for the damages caused to the victim. The state of Arizona requires all motorists to carry a minimum amount of car insurance to ensure that each driver has the financial ability to pay for an at-fault car accident. Before you can legally drive in Arizona, you must show proof of at least $15,000 per person and $30,000 per accident in bodily injury liability coverage, and $10,000 in liability coverage material damage. The driver who caused your accident must have at least these amounts of coverage to cover your losses.
Before you can recover financial compensation from the other driver’s insurance policy, you or your auto accident lawyer must determine and prove liability. This can be difficult to do depending on the case. Most collisions between two drivers are blamed on negligent or reckless driving; however, the other driver’s insurance company may deny that the insured was at fault for the accident. You or your attorney must prove liability through clear and convincing evidence.
If You’re In A Car Accident While Uninsured, What Happens Afterwards?
Your insurance company, the other driver’s insurance company, the Arizona police, and your car accident attorney can investigate the collision to determine liability. The responsible party in a car accident can be the driver, the driver’s employer, the parts or vehicle manufacturer, the property owner, or the city for a roadway defect. Once your attorney has determined liability, they can help you fight that party in pursuit of fair compensation.
A defense you may face during a tort claim in Arizona is comparative negligence. This is an argument that the defendant should be less liable for your car accident because you also contributed to the accident. In some states, the negligence defense can deny you financial compensation even if you are 1% at fault. Arizona, however, is a comparatively lax state.
In Arizona, you may still be entitled to compensation even if the court finds you 99% at fault for causing the car accident. Comparative negligence may reduce your financial recovery, however, by an amount commensurate with your percentage of fault. Contact an attorney to help you determine liability, navigate your state’s laws, prove fault, and negotiate maximum compensation after an Arizona collision.
Should I Get A Lawyer For A Car Accident That Wasn’t My Fault?
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