After a car accident, one of the first impulses might be to ask "who is at fault?" This issue matters because the insurance of the at-fault driver (in most cases) will end up having to pay the money damages suffered by the victims. If a personal injury case is filed, the driver who was faulted for the accident could be sued. This issue can be confusing, so read on to find out more.

The Fault and No-Fault Issue

One frequently misunderstood aspect of fault and who pays is that some states take a no-fault approach. In a few states, drivers must take equal responsibility for the accident when it comes to paying medical expenses. For other damages, however, fault still matters. That means that regardless of where you live, if you are at-fault for an accident, you could end up having to use every resource possible to pay for damages. If the money damages exceed the insurance coverage, that driver can be held personally responsible for the remainder and could have their wages garnished, bank accounts frozen, and suffer from liens of their property.

It All Comes Down to Negligence

There are several ways to look at negligence when it comes to car accidents:

1. Contributory Negligence – This model assumes that if you are at fault for any portion of the accident, you cannot seek compensation. For example, if you were found to be speeding when you were hit by a driver pulling out of a side street, you might share some of the blame for the accident. If so, you cannot sue.
2. Comparative Negligence – For accidents with shared blame, the amount of compensation you might be eligible to receive is equal to the percentage of liability. For example, if you were rear-ended after you suddenly changed lanes, you might be 20% to blame for the wreck with the other driver being 80% to blame. Your compensation equals 20% of your money damages.

The Police Report and More

Who determines fault? The law enforcement official who responds to the accident will state their opinion as to the cause of the accident in a report. While not admissible in court, this report carries a great deal of weight when assigning fault. When fault is in contention, the insurance companies conduct an investigation and make a determination. If you are involved in a complex and contentious case where the parties cannot agree on fault, an attorney should be contacted. They will conduct their own investigation using evidence like photographs and video, eye-witness statements, and sometimes, the services of a professional accident reconstruction expert to determine and prove fault.

Speak to a auto accident attorney to find out more about fault and how it will affect your compensation.