If you’re uncertain about what happens after the car accident, you need to have a better understanding of the fault laws in your state.
Even if you were partially at fault, you may still recover damages, although it may be reduced based on your percentage of fault. For example, if it’s determined that you’re 20% responsible for the accident, then that means you can only recover 80% of your damages.
In certain states, being 50% or more at fault may disqualify you from receiving any damages. That’s why having a skilled car accident attorney by your side is a must – they can work to secure the maximum compensation possible for you – even if you were partly at fault.
Another thing to note is that insurance companies also consider fault when calculating claim payouts. If you’re found at fault, your insurance premiums could rise or worse, they may deny your claim.
And of course, there’s the possibility of being sued by the other party involved in the accident especially if they think you are to blame. Then you could really benefit from having a lawyer to defend you.
What to Do If You Think You Caused a Car Accident
Regardless of whether you think you were to blame for the car accident, there are things you need to do right after the incident.
Stay Calm and Stay Put
It’s natural to feel overwhelmed after the accident especially if you believe you were at fault. However, you must remain calm and do not leave the scene. Doing so could lead to serious legal consequences. Hit-and-run incidents can have fines of up to $20,000 and even jail time.
Contact the Authorities
You need to contact the police especially if the accident has led to injuries or extensive damage to vehicles or property. Even if you think you’re to blame, don’t be scared. Calling the police will ascertain that there’s an official report detailing the accident and the circumstances surrounding it.
Gather Information
Gather as much information as you can about your accident such as taking photos or videos of the scene, damage to vehicles and property and any injuries you, your companions and other parties involved may have. Exchange contact information with the other drivers involved and if there are any witnesses, get their names and contact details too.
Avoid Making Statements
Don’t admit fault (even if you think it’s your fault) to anyone including the other driver/s. Admitting fault could complicate insurance claims or legal proceedings down the line.
Collect Evidence
Get medical treatment for any injuries you have from the accident, even if they seem minor. Keep records of all medical treatments you have received and any related expenses you have incurred.
Call Your Insurance Provider
Contact your car insurance company ASAP so that the incident can be documented by them. Provide them with basic information pertaining to the accident, such as the time, date and location, and the contact details of the other parties involved. Again, do not admit fault even to your insurance provider.
Seek Legal Advice
It’s recommended that you consult with a car accident lawyer even if you think you’re partly to blame for what happened. They can help you understand your rights and options. An experienced lawyer can also review the details of your accident, assess liability, and advise you on the best course of action to take.
Moreover, they can also represent you when dealing with insurance companies and, if needed, in court proceedings.
No-Fault States Vs. Fault States
In states operating under no-fault laws, such as Florida, Michigan, New York, New Jersey, Massachusetts, Minnesota, Utah and Kansas, the insurance process following a car accident is different. Basically, the driver will seek compensation from their own insurers regardless of who’s to blame.
The no-fault system makes it a requirement for drivers to carry no-fault insurance coverage, better known as personal injury protection (PIP) coverage. This insurance coverage helps pay for medical expenses and other accident-related costs, regardless of fault.
But while PIP is absolutely helpful in covering immediate expenses, it may not fully cover all damages. For accidents that led to severe injuries or significant financial losses that may cause you to exceed your PIP coverage limits, you (or the other driver) may pursue additional compensation through a third-party liability claim.
On the other hand, in states that assign fault (most states in the US) the accident victims file claims against the insurer of the at-fault driver. The insurance company then investigates to determine fault and compensates the injured party.
Comparative Negligence Laws
In fault-based states there are several types of comparative negligence laws that may apply. These laws dictate how the compensation is allocated among the parties involved based on their degree of fault.
1. Pure Contributory Negligence
For states that adopt the pure contributory negligence laws (Maryland, Alabama, North Carolina, DC and Virginia), if you are found to share any fault for an accident then you cannot get any compensation.
However, there are a few exceptions where a partially liable individual may still recover compensation including the Last Clear Chance doctrine in which one driver had the last clear chance to avoid the accident, the other driver may recover compensation.
Another exception applies to Willful or Wanton Conduct. So if the other driver’s behavior was grossly negligent (such as impaired driving), the other driver may still be able to seek compensation.
2. Modified Comparative Negligence
Most states (33 states in all) follow the modified comparative negligence laws which allow individuals to seek compensation as long as they are less than 50-51% at fault for the accident.
3. Pure Comparative Negligence
States with pure comparative negligence laws are the most lenient. You can seek compensation as long as you are not solely responsible for the accident, even if you are 99% at fault. Currently, 12 states operate under pure comparative negligence laws, which are:
- Alaska
- Arizona
- California
- Florida
- Kentucky
- Louisiana
- Mississippi
- Missouri
- New Mexico
- New York
- Rhode Island
- Washington
When to Consider Hiring a Car Accident Lawyer
Whether you were at fault or not, hiring an experienced car accident attorney can prove to be invaluable. They are good at determining fault by investigating the accident thoroughly, analyzing the evidence and talking to witnesses.
Moreover, car accident lawyers are skilled negotiators who can deal with insurance companies on your behalf. They will help you receive fair compensation for damages even if you were partly at fault (depending on your state, of course). Keep in mind that insurance adjusters may try to minimize payouts or deny claims altogether, which is why having your own lawyer is necessary.
And should the other party file a lawsuit against you, having an attorney to represent you in court means you have a legal professional who will advocate for your interests and work to ensure a favorable outcome.