Understanding At-Fault and No-Fault Accidents
In the event of an accident, the first factor to consider is usually the party at fault. In most cases, the at-fault party will be responsible for the damages and injuries caused. However, certain accidents are considered “no-fault,” which means blame cannot be assigned to one party; it will be shared. In West Virginia, for instance, they operate on an “at-fault” policy, meaning a party with enough evidence against them will be responsible for paying for all damages resulting from the accident. The at-fault party’s insurance company will be the first to cover the expenses as compensation for the victim’s inconvenience.
Fault In Insurance Claims: Who Should Be Blamed and to What Extent?
If you find yourself in the middle of a car accident situation, filing for your insurance claim can be confusing. Note that you will hear terms like “no-fault” and “at-fault,” which are dependent on the state you are in or where the accident happened. “‘At-fault’ and ‘no-fault’ are terms referring to how insurance companies pay for claims; therefore, understanding your state’s laws regarding vehicle accidents is imperative,” says car accident lawyer Jan Dils of Jan Dils, Attorneys at Law.
In a no-fault state, the insurance companies involved will not determine who the at-fault party is. In this case, each party’s insurance company covers their own losses. That means you have no business waiting to prove who caused the accident and who did not. However, if you sustained a life-threatening injury, you can file a personal injury lawsuit. States like West Virginia operate an at-fault policy, requiring the party responsible for the accident to pay for damages. Once an accident occurs, each driver must notify their insurance company and commence finding who the at-fault party is.
Understanding Accidents In a No-fault State: How to Effectively Navigate Your Case
In a no-fault state, all drivers must obtain PIP (Personal Injury Protection) insurance coverage. This law covers the passengers and driver for wage loss or medical claims without involving the other party’s insurance company. That way, it speeds up claim processes because there will be no need to investigate who is responsible for the accident.
The Cost of a Car Accident Claim: How Can You Calculate the Fault for a Car Accident In West Virginia?
Regarding who bears the financial responsibility in the event of an accident, West Virginia uses a modified comparative fault system. In this system, the drivers involved in the crash are considered to determine whether one party will be responsible for paying the other. Following the comparative fault system, for instance, if one of the parties flashes a red light and you were hit but the crash would have been avoided if you were not speeding, the jury or insurer for car accidents will consider how high your fault is in the accident. Under this rule, you might not be able to obtain compensation if you are found to own 50 percent or more fault for the accident.
If it is less than 50 percent, you might be eligible to obtain compensation, but the amount will be reduced to the volume of your fault. That is, if you are awarded $100,000 for damages, but after investigating, it was discovered that you are 25 percent responsible for the accident, you might only receive $75,000 in compensation.
What Are the Pieces of Evidence Needed to Determine Fault?
There are different potential sources to collect evidence in car accident cases. These sources are not limited to the following:
- The crash scene
- Police reports
- Images of the damaged vehicles
- Witness statements
- Client and passengers’ statements
- Weather and traffic reports as of the time of the accident
- Data recorders, such as CCTV
- The other party’s phone records
- Debit and credit card records
- The at-fault party’s social media accounts if they post any discriminating information
Conclusion
Navigating car accident claims can be quite complicated, especially when you are battling with insurance companies. Not all claims are the same, but one thing is sure: it is very rare to receive the same compensation navigating the process alone and when an attorney is involved. Following a vehicle accident, ensure you seek medical attention first, contact your attorney, and document the scene as much as you can.
