Most often than not, accident victims have come to believe the common thinking regarding the at-fault party in the accident being unqualified to pursue a personal injury claims case with Atlanta car accident attorneys.
However, this common thinking may not totally be true as if you are totally responsible for the auto accident, then, you forfeit all your rights to pursue a personal injury claim, however, if you are partly to blame for the accident, which means the other driver also shares in the blame culminating in the accident, then, you may enjoy a few provisions for compensation for the pain and suffering alongside damages which you have suffered.
While it is not always clear from the onset who the at-fault party is in some cases of road traffic accidents, some others may be clear, thus establishing the fault for one driver and leaving the other open for compensation demands.
Many car accident attorneys talk about the non-fault personal injury accidents and being able to pursue a claim, but in most cases, the faulty and non-fault party are clear from the get-go. In complex cases, however, where both parties played a role in the incident, then, there can be disputes regarding which of the drivers is at fault and to blame for the road traffic accident. These disputes to establish the at-fault party may sometimes go to court in order for the judge to find who the responsible party or parties are.
To better understand your rights and privileges in the aftermath of a road traffic accident, below are some of the most important information you should be aware of.
What is a fault accident?
Fault accident claims usually mean that the accident was caused, totally or partially, by the driver. In most cases, car accident attorneys are known to deal commonly with no fault accident claims where the party they are representing is not to blame for the incident which may have caused them varying degrees of pain and injuries. However, there are some cases in which the victim of the accident may be partly to be blamed for the incident in question. Such cases as this are described as a fault incident and can be considered when the insurer is attending to the claims demand.
When you are involved in a fault accident wherein you are a contributor to the incident which has happened, there are several possibilities, depending on the nature of the insurance policy you hold. In some cases, especially for a comprehensive insurance policy, the insurance company may cover the damages to your car and the damage to the other’s car, including the driver of the other vehicle if there are injury cases demanding medical attention. However, for holders of not fully comprehensive insurance policies, then, they may not be entitled to payments for the damages caused to their vehicle.
What is a partly at fault accident?
A partly at fault accident may also be referred to as a 50/50 accident or a 50/50 split liability. In cases such as this, there can be several complications arising because the fault may not be clear from the onset. Taking into account that there are many road traffic accidents or road collisions where it is clear to see where the fault lies, even in accidental cases, it may be harder to establish joint liability for an accident.
In cases with an equal divide of liability, the blame is mostly shared after due investigations have been conducted into the incident. A complete investigation of the incident may be able to reveal that both drivers or more are responsible for the blame. After establishing a joint fault for the incident, each party will take a 50% share of the blame in the event of two vehicles and both parties can go ahead to file personal injury claims if they have been injured as a result of the incident.
What if I was responsible for the accident?
If you have been held solely responsible for the road traffic accident, such an accident will be recorded as a fault accident. In such cases as this, it is highly unlikely that you can get your attorneys to file a claim for injuries that have been sustained as a result of the incident. However, it is possible for a passenger or passengers involved in the accident to make a claim for personal injury.
For many at-fault parties, the common question that comes to mind is what happens in the aftermath of the accident and what the insurance company will cover. However, the amount in compensation that will be provided to the injured victims may depend on the insurance policy you hold. For comprehensive insurance policies, the insurance company may be able to cover the damages done to your car, however, personal injury compensation will only be awarded to the non-fault drivers of the incident and involved passengers.
Passengers in vehicles that have been involved in a road traffic accident can also make personal injury claims for injuries sustained, whether whiplash or more fatal injuries. Family members and friends of passengers (who are regarded as innocent parties in the accident) can also make a claim regardless if they are in the fault or no-fault accident vehicle.
How to begin your fault accident claim?
If you have been involved in an auto accident, it is recommended that you seek out the services of your car accident attorneys. This is especially recommended when you are unsure who is at fault. Take advantage of the free initial consultation services offered by car accident attorneys to shed more light on your case.
Any fault accident will be processed through the driver’s insurance company to start a fault accident claim. It is recommended that you reach out to your insurance company within 24 hours of the accident to report the case.
What if I’m partly responsible for the accident?
If two parties are both found to be at fault for the road traffic accident, then they will share the blame for the accident which is usually 50/50. This means that each affected driver takes 50% of the blame for the accident and when claiming a personal injury on 50/50, it means that you will be entitled to only 50% of the damages awarded.
What can I claim following a 50/50 accident?
General damages can be claimed as part of the 50/50 claims. The victim, with the help of their car accident attorneys, may be able to file claims for pain and suffering endured, stress and emotional displacement, physical impairment and physical disfigurement. In some cases, special damages may be filed for and this covers all of the financial aspects of the compensation claim including loss of earnings, loss of future earnings, loss of future employment, medical expenses past, present, and future, repair or replacement of damaged properties, expenses required for home adaptation, prescription charges and more.