At-Fault Vs. Not At-Fault: How Do Insurance Companies Differentiate the Two?
Car accidents are unavoidable. Even with the strictest traffic regulations, avoiding being in a car accident at some point in your life is difficult. However, accidents can range from very serious to relatively minor.
The severity of your accident will have a significant impact on how much you are compensated. In the case of car insurance, some states are known as “no-fault” jurisdictions, while others fall under an “at fault” designation. However, several states’ rules reflect a mixture of both categories.
There are many differences between no-fault and at-fault car insurance, which can significantly impact your accident case. Read on for more information on what is at fault vs. not at fault.
Car Accidents in At-Fault Stats
An at-fault accident occurs because of driver negligence. In an at-fault crash, car accident victims can recover compensation. If the insurance adjuster determines you are responsible for the other driver’s injuries or property damage, you will have to pay the other driver’s medical bills and fix or replace their car.
You may be held legally responsible for causing an accident if, for example, you were speeding or driving under the influence of alcohol or drugs. The Insurance adjusters will study police reports, witness statements, and photographs to determine which driver is at Fault.
Car Accident in No-Fault States
A no-fault accident is one in which the drivers involved use their insurance company to cover the cost of injuries sustained by the driver rather than filing a claim against another party. In no-fault states, drivers often have limited ability to sue for damages after an accident. Personal injury protection (PIP) insurance pays for your injuries, regardless of who was at Fault in the accident. However, drivers can still claim liability after an accident for their damaged property—just like in at-fault states.
How Insurance Determines Fault After a Crash
Before settling, auto insurers must consider state negligence laws.
This includes
● Pure contributory: You cannot seek compensation from another driver if you are even 1% responsible for an accident.
● Pure comparative: If you were partially responsible for causing a crash, the amount of money you can recover would depend on how much responsibility is attributed to your actions. For instance, if 30% of the blame falls on your shoulders, then only 70% of any car repairs or medical bills related to that accident would be covered by insurance.
● Modified comparative: Depending on the state, you can seek compensation for damages as long as you weren’t more than 50% or 51% responsible for the accident.
● Slight/gross comparative: In some cases, you may be able to seek compensation if the other driver was clearly more at fault than you were. However, there is no standard for what makes up each degree of liability—each case is decided individually and depends on its own unique circumstances.
Conclusion
At-fault and not-at-fault are important distinctions that insurance companies use to classify accidents. Understanding these two categories’ differences can help you navigate the claims process and how your insurance rates may be affected. It’s essential to know the laws in your state and what type of insurance coverage you have to understand how your insurance will handle your claim.