Proving Fault after an Auto Accident

There are so many people that are involved in automobile accidents every year that run into problems when it trying to prove fault. The fact is that it is easy for anyone to claim that the other person or business were the ones that caused the accident. However in order to get proper coverage under your insurance policy and a payout for any damages or injury, you will most likely first have to prove who's fault the accident was. The fact of the matter is that a good lawyer and an implementation of common sense will allow you to get the most out of this process and it doesn't have to be as complicated as many insurance companies would have to believe.

Insurance Companies

The first thing to remember is that the insurance companies are only worried about liability. This means that the insurance companies work under the assumption that an automobile accident was the result of someone being careless. This is when negligence occurs. When someone is being negligent when involved in an automobile accident the law states that one person is being less careful than the other, the person that has been less careful will pay for a portion of the damages that are suffered by the other person. This is why it is so important to make sure that you completely understand the rules that are used to determine who is considered to be the less careful driver for an automobile accident.

The first thing that all insurance companies will consider when trying to determine the less careful driver is where the accident occurred. For example, if the injured person was somewhere where he or she was not legally permitted to be, the person causing the injury may not be liable. This is because the person causing the injury may not have had any duty to be careful for the person's safety.

Comparative Negligence

Another aspect that will affect your ability to prove fault is comparative negligence. This is referring to an injured person who was just as careless as the person that caused their damage. In these cases the injured persons compensation may be reduced by the damage that they caused the other person, hence the name comparative negligence.

Another stipulation that may affect your ability to prove negligence is if one of the people involved in the accident were working for someone else during the time of the accident. This may cause the people, business, or person that the driver was working for to be liable for a certain percentage of damages.

Defective Products

There are also many cases where manufacturers and sellers of products that have been deemed defective and involved in causing an accident can be held liable for a portion of the damages incurred by the drivers involved in the accident.

The most important thing to remember when it comes to proving fault is that common sense will lead you to the answer most of the time. To find out more about proving fault you should contact your insurance company or refer to your insurance policy.

If you've been involved in an auto accident, and beleive you're not at fault, consult with an auto accident attorney near you to discuss your case.

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