In order to find who is at fault in a car accident, firstly major evidence needs to be collected from the accident site. It is very important to know whether any traffic violation has been made by the driver or not. If a driver has been found violating the law of traffic signal, the insurer must have the right to consider the driver as faulty. In the second stage, the insurer will catch the picture of the accident place to analyze the extent of the damage. Note that the insurers never rely on the police reports, until an officer witnessed the car accident. Apart from this, the video camera set up across the road is used to identify who is at fault for the accident.
Who is at Fault in a Car Accident
After watching the video and first hand proofs, the insurer decides how much the accident is the result of a real collision or it is just an accidental mistake from the drivers’ side. Try to record all the comments made by the driver after meeting the accident. Another important thing is to collect the real witness in the accident side. These responses can help the driver getting actual insurance benefit from the insurers.
What is the next step?
Once all evidences are collected, it is the time to apply those evidences for determining the actual faulty. The owner also needs to know whether he/she belongs to the no fault state or not. In case the person is living in a pure contributory negligence state, will not receive any single claim for the accident. If the state has pure comparative fault norms, then try to decide how much settlement is given by the state. Some state gives 50% settlement, some gives 51% settlement, etc. If the state norm is limited to give only 35% claim, then the owner will not be able to receive more than this value, despite of having a higher accident.
Also note that if the state has a proportional comparative fault at 40%, and if the person makes only 35% fault, then only the state will pay the sum. Otherwise the person will not be entitled to recover the injuries. Do not be afraid, here are some tips which can help to get right insurance value from the insurer. The right process to define who is accountable for the accident is to show the traffic video results to the insurer. Do not go for an argument. This will reduce your chances of getting higher insurance benefit from the insurers. Individual state has different norms.
Thus, try to follow the norms of different states while claiming for the injury met by the car accident. One more thing which is essential is to consult with the state insurance websites to get adequate information about the proportional damage and the legal consequences for individual faults. It will help getting a faster resolution from the living state of the car owner.