The liability and insurance are different from one state to another. That’s why, it is important to understand it before filing the claim. However, it is most likely that the at-fault party is held responsible for paying medical bills and car damages. It may not be possible for you to fight the case on your own. You will need the assistance of a Fort Wayne auto accident lawyer. He can establish the liability and ask for the right compensation.
How to determine the fault in the accident
In most cases, the negligent party is liable for the medical expenses and car repairs after the car accident. The person’s insurance company has to pay for car damages and a claim has to be filed with the company. These companies have a great influence on car accident claims and liability plays a vital role in deciding who is going to pay the bills. Some factors showing liability are mentioned below:
- Violation of legal duty- It needs to be determined that the negligent party violated the legal duty at the time of the accident and caused injuries to the person. For instance, if he does not obey traffic rules while driving, he is considered violating his legal duty.
- Breach of duty resulted in injuries- It is important to establish that because of the carelessness or the breach of duty caused injuries and damage to the person. If no accident or injury has occurred, there will be no liability.
The insurance companies look through these facts to determine the liability.
Shared liability
In many cases, carelessness happens from both sides. It has a great impact on the car accident claim. That’s why, you should be aware of these factors.
- States with pure comparative fault
In this case, the party who is blamed partly for the accident can still get compensation depending on his share of the fault.
- States with modified comparative fault
In this case, if the person is less than 50% involved in the accident case, he will be able to collect the compensation from another party.
- States having contributory negligence
If the person is involved in a car accident even by 1%, he will not be entitled to any compensation.
To know more about these rules, all you can do is get in touch with an attorney having complete information and experience. He can file your case and get you the right amount.
