Determining the party responsible for a vehicular accident can be straightforward or complicated, depending on the facts and circumstances of the accident. For instance, when a car accident is a simple fender-bender, the driver of the car that crashed into the vehicle in front of them is assumed to be at fault. However, if the driver made a sudden stop to take a phone call or do something else while driving, causing the rear-end car to collide with them, then fault determination can get tricky. In a lot of car accident claims, it is important to establish fault. To increase your chances of getting the compensation you need, you must understand how Pennsylvania determines responsibility and its effect on the damages you may get. To ensure fault is properly determined, you need a Philadelphia, PA car accident attorney to represent you. Keep reading to know how to determine fault following a car accident:
How the State Determines Fault in a Car Accident
The state of Pennsylvania adopts a modified comparative fault system when the drivers involved share responsibility for the crash. Injured victims in a car accident should file a claim for damages with their insurance company no matter who caused the crash and how it happened.
The state determines the careless or negligent driver in a car accident case. The negligent driver can be partially or fully at fault for the car crash that resulted from this negligence. In some instances, this can be easily determined. For instance, if the driver beat the traffic light and hit another vehicle, they are apparently negligent. But fault determination is sometimes complex, especially if both drivers share blame for the accident. Also, the case becomes even more complicated when both drivers do not agree on who should take responsibility for the resulting damages and injuries.
How Insurers Determine Fault
For motorists who have no-fault insurance coverage, the insurance company doesn’t have to investigate fault following a crash. The insurance company of the injured driver will pay for their medical bills, lost wages, and other damages.
But insurance providers must determine fault for property damages and serious injuries if the medical costs are beyond PIP coverage. In such situations, the insurer assigns an insurance adjuster to carry out an investigation into the crash and possible settlements of the claim. To determine fault, the adjuster will speak with both drivers and witnesses, determine car damage, examine medical records, and verify each driver’s coverage amount.