Can I Get Compensation If The Accident Was My Fault?
Summary
- States follow either at-fault or no-fault laws for traffic accidents
- Where you live and the percentage of fault you hold will impact your claim
After auto accidents, one of the options you have is to file a claim with either your insurance company or that of the other driver to receive compensation for the losses you sustained. Two common questions that people have, however, are, “Can you get compensation if the accident was your fault?” and “Can I sue if I was at fault in a car accident?”
The answer to both can depend on where you live and how much of the fault is assigned to you. Learn more about comparative and contributory negligence, at-fault and no-fault states, and other factors that can play a role in your collision.
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Accidents in At-Fault States
The majority of states in the nation have fault-based systems when it comes to traffic accidents. These states require that you demonstrate that another party’s conduct is responsible for the collision before you can recover any losses.
If you’re in a collision and are partly to blame for the accident, it’s essential to know whether your state follows contributory or comparative negligence. That can make a difference in whether you’re entitled to receive some compensation or not.
Comparative negligence is a principle of tort law that can be used to reduce the amount of damages you receive if you were partly to blame for the collision. Some states follow pure comparative negligence, which allows you to recover even if you were 99% to blame, but the majority have modified comparative negligence laws.
Modified comparative negligence relies on either the 50% or 51% bar rule. In a state with a 50% bar rule, you may not recover losses if you were 50% or more at fault for the accident. Whatever you receive in damages will be reduced by your percentage of fault.
Contributory negligence is the doctrine that Virginia, Alabama, Maryland, North Carolina and D.C. use. In these states, you are not allowed to recover losses if you were in any way responsible for the accident. Even if you’re assigned only 1% of the fault, you can’t receive any compensation for your losses.
Accidents in No-Fault States
There are 12 states that have no-fault laws, with three of these being “choice” no-fault. If you are in a car accident in these states, you can file with your personal injury protection (PIP) insurance to receive compensation for medical expenses and a percentage of lost wages up to your policy limit.
You don’t have to prove fault when you file with your PIP insurance, so you can still recover losses if you were to blame for the collision. Complications would only arise if you suffered serious injuries that your PIP won’t cover and which allow you to step outside of no-fault laws. If that’s the case, then the same rules that at-fault states have come into play.
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How Is Fault Determined in a Car Accident?
One of the first things that a lawyer and insurance adjuster will do is start gathering evidence to determine fault. Sometimes, drivers make the mistake of apologizing or claiming fault right after an accident, and that can be used against them later on. It’s one of the reasons why lawyers always remind you not to speak with the other driver except to get their information.
Evidence that can demonstrate liability can include photos and videos taken at the scene of the accident, as well as footage from traffic cameras and other surveillance options. The police report is invaluable since it provides information on what the officers saw at the scene and what they determined was the cause of the crash.
Witness statements are another factor that can help determine fault and impact a car accident settlement or lawsuit. Eyewitnesses are particularly helpful, especially if they’re not passengers in either of the vehicles involved. Your lawyer can depend on expert witnesses to offer testimony on what happened.
Keep in mind that you’ll need a lawyer to help, especially if you hold a percentage of fault. The other party’s insurance will do everything possible to place as much of the blame on you, which could leave you unable to recover losses. An attorney will fight for fairness during negotiations.
Filing a Claim With Help From a Car Accident Attorney
Being in a car accident can leave you battling injuries that could leave you with significant medical expenses and the inability to work while you recover. To be able to file a claim and receive compensation, most states require that you demonstrate another party was responsible for the accident. That’s not always easy to do.
If you were partly at fault for the accident, it’s essential that you hire experienced attorneys to help you through the process. Even if you’re not sure whether your claim will be significantly impacted by your degree of fault, always work with a lawyer so that you have the best possible chance of recovering losses.
At ConsumerShield, we can connect you with some of the most experienced attorneys in your area. Contact our team to learn more about how we can help.
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Frequently Asked Questions
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If you live in a no-fault state, you can receive coverage for any medical expenses related to whiplash, even if you caused the accident. In at-fault states, your percentage of fault is vital. Some states don’t allow you to hold the majority of the fault, while others bar you completely.
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In the most complex car accidents, including those involving multiple vehicles, fault may not be easy to establish. If that’s the case, then you may need to file a lawsuit and take the case to court. Your lawyer will advise you if that is the best possible choice.
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No. Four states and D.C. follow contributory negligence laws, which make it impossible to recover losses if you are at all responsible for the crash.
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You can rely on a number of forms of evidence, including photos and videos from the scene, traffic camera footage, the police report, eyewitness statements and expert witness testimonies.