According to guidelines by the Centers for Disease Control and Prevention, about 2.1 million people visited the emergency room for car accident injuries in 2021. You never know when a car accident might occur, so it’s good to be prepared in case of a car accident that you did not cause. To get the best help, please click here.
Steps to Take After an Accident
According to the instructions provided, get the police, get a medic, and inform your insurance company that there was an accident. But if the accident is not your fault, you may also consider suing the other driver’s insurance company for your damages. For people who might find themselves involved in an accident not of their own, this guide outlines what one should do after realizing the accident claim is not theirs.
In law, being at fault’ refers to being legally liable for the loss that occurs in an accident of some form. Therefore, in a car accident situation, the one who is to blame has to compensate for the injuries and damages resulting from the accident.
To receive compensation, you must prove:
- The other person had the obligation to be cautious.
- The other person has not been so rigorous.
- They were very negligent, and they also caused your major injuries.
- You had losses (like property damage, vehicle damage, injuries, and lost wages).
When people have car accidents, they can be negligent or at fault if they do something wrong, such as driving fast or not doing something right, for instance, failing to observe stop signs. Occasionally, it is expressly evident; one example is when a driver rear-ends you. Sometimes, it is clear with definite such an outcome; other times, it may be less obvious and not backed by clear evidence.
Why Proving Fault Is Important
Fault matters because most of the states in the US retain the fault system. In fault states, the person responsible for the accident (or his/her insurance) does not incur the cost of losses, such as property damage, medical expenses, income loss, suffering, and more.
To show fault is to show negligence. When the other party is the one to blame, they or their insurer should be taking care of your losses. If both you and the other driver are partly at fault, you might have to cover some of the costs. How much youneed to pay also depends on your share of the overall fault. For example, if you’re 80% at fault, you might pay 80% of the damages, while the other driver pays 20%.
Suing the Other Driver’s Insurance Company
You can usually ask the other driver’s insurance if you wish to pay for your losses even if you weren’t at fault. The insurance company might offer you a one-time payment to close the case. But this payment might not cover everything.
In some cases, you may need to sue the other driver’s insurance company. This can help if they refuse to pay or don’t offer enough money. By suing, you can show your losses in court. Then, a judge or jury will again decide if you should be paid anything and in fact how much.
But remember, the insurance company in fact only has to pay up to the main policy limit. If the court awards more than the policy limit, the insurance won’t cover the extra. You could try to get the extra money from the driver. However, collecting this extra amount may not be easy, and there’s no guarantee it will work.
Conclusion
In conclusion, proving fault is very important. You also need to show that it was the other driver who caused the accident. This helps you get the money you deserve for your losses.
If the other driver’s insurance doesn’t offer enough, you can take legal action. But remember, the insurance will only pay up to a set limit. If you need more, you might have to ask the driver directly.
References:
https://www.forbes.com/advisor/legal/auto-accident/what-do-after-car-accident-not-your-fault/
https://www.nolo.com/legal-encyclopedia/car-accidents-proving-fault-29604.html
