How To Determine Fault For Car Accident Injuries

When you have suffered car accident injuries, fault can be an important concept. Fault refers to who has to take legal responsibility. In some states, the person who is found to be at fault for the car accident is responsible for paying the damages for the other party, including property damage costs and compensation for bodily injury.

Fault Versus No Fault States

In 12 states in the US, fault only comes into play when the injuries are serious. These 12 no fault states impose a rule that a person cannot sue for his car accident damages, nor recover from the other party, unless his injuries are "serious" as defined by the law. Serious injuries may include permanent disability, permanent disfigurement or death. If the injury doesn't rise to the level of serious, then each party recovers his actual medical bills and a percentage of his lost wages from his own insurance company under the personal injury protection coverage he was required to buy when he insured his vehicle.

In fault states, then the party who is at fault is responsible for paying damages, even in more minor accidents.

Who Determines Fault?

The answer to who determines fault can vary depending on the situation:

• Sometimes, after an accident, fault will be obvious. The two parties will each submit their claims to the insurance company and the insurance companies will look at information including the police report and witness testimony. If the insurance company of the driver who caused the accident accepts that his client was at fault, then it can offer an out of court settlement to the injured victim to pay for his damages. If the victim accepts, the case never goes to court and the insurance company simply determined fault on its own.
• In other cases, there may be no lawsuit filed, but the two insurance companies will disagree on who is at fault. When this happens, the insurance companies normally go to binding arbitration to decide which of the insurance companies will have to pay. In such situations, the arbitrator determines fault.
• Finally, if a lawsuit is settled, fault is determined by the jury. Evidence including expert witnesses, accident reconstruction professionals, and eye witnesses may be presented. The jury will determine if a defendant was negligent and if he caused an accident. If so, the jury will then determine the appropriate damages to award to the plaintiff.

Getting Help

If you have been the victim of a car accident injury, consult with an experienced auto accident attorney. Your attorney can provide you with detailed information on proving fault in your case.