If You Are At Fault In An Accident – A car accident is stressful enough, but what if it’s partly or entirely your fault? What you do next depends on where you live, your car insurance coverage, and how much you were at fault in the accident. No matter how much fault you share in an accident, an attorney can help.
You may think that you are not entitled to any compensation if you are at fault in an accident, but this may not be true. Our personal injury attorneys can review your case and advise you on the best course of action and what to include in your claim. Even if you are partially at fault, you are still entitled to compensation.
If You Are At Fault In An Accident
How to handle the breakdown after a car accident depends on where you live. There are “guilty” and “not guilty” statements:
How Does An At Fault Accident Affect My Auto Insurance?
Many states, including Georgia, are criminal states, and that is what we will focus on in this article. If you are at fault in a car accident and you live in an at-fault state, you (or usually your car insurance) may be responsible for damages caused by other drivers. The other driver(s) has the right to file a claim with your insurance company.
In personal injury cases, “damages” are losses caused by an accident caused by a person’s negligence. These violations may include:
In most cases, you will only have to pay out-of-pocket for these damages if they exceed the limits of your auto insurance policy. If the injured driver sues for more than what your insurance policy owes, you may be responsible for the additional costs. This can happen in serious car accidents such as serious injury or death. It is best to have a car accident lawyer in this situation.
In most cases, your insurance company will settle with the injured driver and you will not have to go to court.
Shared Fault Rules & Personal Injury Compensation
Your car insurance policy is responsible for the other driver’s damages if you are at fault. However, you may be surprised at your damage.
If you have purchased collision coverage as your policy, it should cover damage to your vehicle as a result of the accident. However, you will still have to pay a deductible, which you will have to pay before your insurance starts paying.
For example, if you have $2,000 worth of car damage in an accident and you have a $500 deductible, you pay $500 and your insurance must cover the rest.
Even if you are completely at fault for a car accident, there are things you can do to protect your rights.
Got Into A Car Accident?– A Step By Step Guide On What To Do
Stop and make sure you’re clear of traffic. Check your vehicle and other cars for injuries and call 911 if someone is seriously injured or killed.
Call the police and report the accident. Do not leave the scene until the police arrive. If you do, you can charge a hit and run.
Exchange insurance information and phone numbers with the other driver(s). You can write down their license plate number and note the make and model of the vehicle.
Take photos of the accident scene, including the location of the entire vehicle, injuries sustained, and damage to the vehicle. Video evidence will prevent anyone from changing the story later.
Whose Fault Is It If You Are Rear Ended By Another Car?
Contact your insurer and report the accident. Most regulations require you to report an accident as soon as possible. Otherwise, you may lose coverage.
The police can issue a ticket for causing a traffic accident. It may be tempting to avoid it, but not reporting an accident is more serious.
Sometimes more than one driver is at fault in a car accident. This is common when more than two vehicles are involved. Partial fault laws vary from state to state.
In Georgia, according to OCGA §51-12-33, you are only responsible for your percentage of the accident if you were less than 50% at fault. Here’s how it works:
To Whom Will An Auto Insurance Claim Check Be Made Out?
Car accident attorneys can help you determine your full damages and ensure your rights are protected throughout the process. In the event of an accident, you should not pay more than your at-fault amount.
Some policies offer “accident waivers” if you drive long enough without another accident. However, you should purchase the accident waiver in advance so that it is useful after the current accident.
You can handle your case without the help of a lawyer – this decision is up to you. However, a lawyer can certainly help sort out things that can get complicated quickly. Also, if you have a lawyer on your side, you can get compensation even if you are partially at fault for the accident.
If you don’t have an attorney to help you, and especially if the other driver’s insurance company knows you were partially at fault, you may have a very difficult time recovering any damages even if you are entitled to them. And you may be wrong about being guilty. Your attorney can help you determine who is responsible for the accident.
Do Police Reports Determine Fault For A Car Accident?
Whether you are at fault or not, car accidents are stressful for everyone involved. Remember to breathe and focus on the positive. At best, all parties will be left with only minor damage and be able to move on from the incident. Everyone makes mistakes, but it’s important to hold the wrong party accountable.
If you need help with a car accident, John Foy and Associates can help. For over 20 years, we’ve been advocating for and recovering car accident victims. We only work for personal injury victims – never for insurance companies. For questions about your case and to schedule a free consultation, call us today at (404) 400-4000 or contact us here. If you are driving straight and another driver turns left in front of you, the driver of the other vehicle is at fault. Most of the time, right of way is given to cars going straight at junctions.
A driver making a left turn has a legal duty to wait until it is completely safe to do so. So usually if there is an accident, the driver who turns left is blamed.
However, there are some exceptions to this rule. If you have been seriously injured in a left turn, a car accident attorney at Maggiano, DiGirolamo & Lizzi can help you. Contact us today for a free case evaluation.
Should I Get A Lawyer For A Car Accident
A common misconception is that drivers making left turns are automatically responsible for T-bone crashes and other accidents. Although the turning driver is often responsible, it is important to remember the possible exceptions.
If the car was driven carelessly or too fast, it can be argued that the other driver is responsible for the accident. However, this may be an exception that is difficult to prove.
Motorists are required by law to wait until it is completely safe to turn left. As a result, it may be difficult to convince insurance companies and/or courts that the speeding car was the cause of the accident.
Creating this exception is much easier. If the driver fails to stop and the car goes straight through a red light or stop sign causing an accident, that driver is definitely guilty.
Is A Car Making A Left Turn Always At Fault In An Accident?
In this case, the driver waited until it was completely safe to turn left. However, the situation was not safe when the driver came directly.
On rare occasions, a left-turning driver finds himself in an unexpectedly dangerous situation. The turn started as a safety maneuver, but something unexpected made it dangerous. Sometimes an animal appears on the road, another car runs a red light or another obstacle.
Rear-end accidents, as well as damage to a vehicle’s left turn, can often provide clues as to who is at fault. Police officers responding to the scene of a traffic accident use the location of the damage to the vehicles involved to determine the previous fault.
Damage to the driver’s side of a vehicle traveling straight usually indicates that the driver was careless when making a left turn. However, damage to the front of a car driven straight can indicate fault on the part of the driver of the vehicle.
Why You Need A Lawyer If The Car Accident Was Not Your Fault
New Jersey is a no-fault state. Drivers should therefore have Personal Injury Protection (PIP) insurance. To recover for damages, you usually have to file a PIP claim with your insurance company, rather than suing the at-fault driver.
You reserve the right to file a lawsuit. However, many drivers do not use this option because they have to pay high insurance premiums. Therefore, fault is often not an issue in New Jersey car accidents.
In most cases, even if the driver is clearly at fault or negligent behind the wheel, you cannot sue the other driver for the accident. However, there are no exceptions to the law when a driver may be injured
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