Determining Party at fault in a car accident
Car accidents claims are tricky business. One needs to have good knowledge about all the personal injury laws pertaining to car accidents in order to help the claimant receive the claims they deserve. One of the most important aspects of filing a claim is to determine the party at fault. Whenever an accident occurs, there are two parties involved in an accident. It is vital for each party to know who is at fault in order to file for compensation.
The value of compensation in personal injury claim would depend on how extensive are your injuries, medical expenses and loss of income during the time of recovery. All these expenses need to be bearded by the party at fault. Any confusion can lead to an unsuccessful resolution and the best time to discover it at the scene of the accident. Depending on the information gathered from the accident scene, you can conclude who is at fault. Here are some steps that can help in determining the main cause of the accident:-
Police Reports – It is important to notify police when an accident occurs. This is because, if police arrives at the scene, they would have to make a report of the accident. Even if the police do not arrive at the accident, you can still file a complaint against the offender in a nearby police station. The report consist of important details like the speed of both the cars, if any of the drivers were drunk, any traffic rules violated, pictures of the accident scene, name and address of the witnesses etc. This report becomes a crucial part of claim investigation and should be presented to your insurance company.
Insurance company investigation – Once the report is filed and submitted to the insurance company, further investigation is done by the claim experts to determine the actual party at fault. Even if the police report claims that “X” party is at fault basis the judgement made on accident scene and the evidence collected, still the insurance company would follow according to their investigation. The adjustors would contact all the witnesses, check medical reports to know the extent of the injury, examine vehicle damage as well as look into the insurance policy of their client about the coverage amount. Usually the insurance companies determine the party at fault on the basis of negligence. For instance, if the investigation proves that the offender has violated traffic rules because of which the accident occurred, then he or she is held responsible for the accident.
Judgement in court – Finally once all the investigations are done, a personal injury lawsuit can be filed for compensation. The court would look at all the evidences collected from both the parties, arguments made by lawyers representing the parties, testimony of the witnesses, drivers, police officers, insurance adjustors and a medical expert. Depending on all the information received, the judge and the jury would determine which party was at fault and the negligent party would be instructed to compensate for the personal injury expenses.
Where to find a lawyer?
If you have been involved in a personal injury claim, contact Mark Schiffrin P.A. to hire a personal injury lawyer. Car accident claims are complex. Depending on the evidences collected, a personal injury lawyer can guide you about your rights and prevent you from making any statements that can be used against you in the court of law. Our car accident lawyers in South Florida can help you. Call 954-866-7722 to discuss your case.