The driver who is found liable for causing a car accident will be the one responsible for having to pay for damages and/or injuries done to the victim(s). However, there are times where the at-fault driver is not entirely clear and more than one individual could be held responsible for contributing to the crash. Extensive review and analysis must be conducted in order to ensure that a suitable punishment is administered to those who caused the collision.
If you were involved in a car accident and are seeking legal assistance, our qualified car accident attorneys at West Coast Trial Lawyers are available 24/7. We will review your case to determine necessary courses of action in order to get you the compensation you deserve.
Insurance companies are the ones that determine who is at-fault in an accident. They distribute a relative percentage of fault to each party based on the driver’s behavior during the initial impact. In California, this is known as comparative negligence.
The claims adjuster will determine the degree of fault based on the circumstances tied to the accident. Overall, insurance adjusters will have to look into state laws to get an idea of which driver(s) acted negligently, as well as how to distribute liability.
In some cases, insurance companies may pay an appropriate portion of the insured driver’s share. An example could be: Company X has a driver who is 60 percent at-fault while Company Y has a driver who is 40 percent at-fault. Company X may pay 60 percent of the settlement while Company Y pays the amount of 40 percent.
It is possible that insurance adjusters may work with their clients to figure out the most suitable percentage of fault for each party involved. Drivers could, of course, advocate to get the lowest percentage of fault with the help of their legal counsel. However, if there is no agreement between the insurance adjuster and the driver, then it is up to the court to decide who is primarily at-fault for the incident and to what degree.
Insurance adjusters are expected to review various forms of information to get an idea of who is mostly at-fault. The three factors that are considered when determining fault include:
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If you have sustained injuries as a result of a car accident, our qualified car accident attorneys at West Coast Trial Lawyers can help you recover compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering.