If you’ve been in a car accident and it wasn’t your fault, you may assume the at-fault driver will be fully responsible for covering your expenses. Unfortunately, liability in car accidents isn’t always that simple. Questions of fault, negligence, and liability can quickly become complicated, especially when insurance companies get involved.
Understanding how liability is determined can help you protect your rights and avoid paying for damages that aren’t your responsibility. In this blog, we’ll break down everything you need to know about car accident liability, what it means when you’re not at fault, and how to make sure you’re fairly compensated.
What Is Liability in a Car Accident?
Liability in a car accident refers to the legal responsibility for the damages and injuries that result from the crash. The at-fault driver (or their insurance company) is typically responsible for covering the costs of medical bills, property damage, lost wages, and other related expenses.
Liability is determined based on negligence, which means that someone failed to act with reasonable care. For example, if a driver runs a red light and hits your car, they were negligent because they failed to follow traffic laws. This negligence establishes their liability for the accident.
However, not all accidents are as clear-cut. Sometimes, multiple drivers share fault, or insurance companies may try to dispute who is responsible. This is where understanding how liability is assigned becomes crucial.
How Is Liability Determined in a Car Accident?
Liability is determined by investigating the details of the accident. Insurance companies, police officers, and sometimes even courts play a role in deciding who is responsible. Here are the main factors they consider:
Insurance Investigation: Insurance adjusters investigate the claim, review all available evidence, and negotiate with the other driver’s insurance company. While they have a duty to investigate fairly, insurance companies are also motivated to pay as little as possible..
Police Reports: After a car accident, police often create an official report that includes observations from the scene, witness statements, and notes on who they believe is at fault. Insurance companies place a lot of weight on these reports.
Traffic Laws: If a driver violated a traffic law (like running a red light or speeding), that violation often establishes negligence. Traffic camera footage, eyewitness statements, and the location of the vehicles can help prove a traffic law was broken.
Statements from Drivers and Witnesses: Both drivers have an opportunity to explain what happened. Witnesses may also give statements to the police or insurance adjusters, and these accounts can help determine liability.
Accident Scene Evidence: Photos and videos from the scene, skid marks, vehicle damage, and even weather conditions can all influence the decision on fault. For example, rear-end collisions are often blamed on the driver who was following too closely.
Who Pays for Damages If You’re Not at Fault?
If you’re not at fault, you typically have two options to recover your damages: filing a claim against the at-fault driver’s insurance or using your own insurance.
The most common option is to file a claim with the at-fault driver’s insurance. This is known as a “third-party claim,” and it allows you to recover compensation for property damage, medical bills, lost wages, and more. Since the at-fault driver is responsible for the crash, their insurance company should pay for the damage.
Alternatively, if the at-fault driver is uninsured or underinsured, you may need to use your own insurance coverage to pay for the damages. This is where uninsured/underinsured motorist coverage (UM/UIM) comes into play. If you have this coverage on your policy, it can protect you when the other driver’s insurance isn’t enough to cover your losses.
If you have collision coverage, you can also use it to repair your vehicle. While this may require you to pay a deductible, you can later recover that amount from the at-fault driver’s insurance.
What Happens If Both Drivers Share Fault?
Sometimes, both drivers share fault for a car accident. This is called “comparative negligence”. If you’re found to be partially at fault, it could reduce the compensation you’re entitled to receive. For example, if you’re found to be 20% at fault for an accident and your total damages are $10,000, you would only be eligible to recover 80% of the total amount, or $8,000.
Different states handle comparative negligence in different ways. Some states follow a “pure comparative negligence” rule, which allows you to recover damages even if you’re 99% at fault. Other states, like those with “modified comparative negligence” laws, only allow you to recover damages if you are less than 50% or 51% at fault.
When there is a dispute over who is at fault, it’s a good idea to have an experienced car accident lawyer review your case. They can investigate further, gather more evidence, and challenge the insurance company’s determination of fault.
How Can You Prove You Were Not at Fault?
Proving that you were not at fault requires evidence. The more evidence you have, the stronger your case will be when dealing with insurance companies. Here’s how you can prove you were not responsible for the accident:
- Photographs and Videos: Take pictures of the accident scene, vehicle damage, traffic signs, and road conditions. Videos from dashcams or traffic cameras can also be used to prove fault.
- Witness Statements: If people saw the accident, ask for their contact information. Their testimony can be crucial if the other driver disputes fault.
- Police Reports: Request a copy of the police report. If the report identifies the other driver as being at fault, it can be used to support your claim.
- Traffic Laws: If the other driver broke a traffic law (like running a red light), that violation can prove their negligence.
If an insurance company disputes your claim or tries to argue that you were partially at fault, having an experienced attorney on your side can make a significant difference. Attorneys can gather additional evidence, obtain surveillance footage, and present a strong case on your behalf.
What If the Insurance Company Denies Liability?
If the at-fault driver’s insurance company denies liability, it doesn’t mean the case is over. Insurance companies are motivated to pay as little as possible, and sometimes they dispute fault to avoid paying claims.
If your claim is denied, you have several options. Start by reviewing the police report, as it may contain evidence that supports your claim. You can also submit additional evidence, like photos or witness statements, to the insurance company.
If the insurer still refuses to accept liability, it’s time to consult a car accident attorney. Lawyers have the tools to conduct a deeper investigation and negotiate with insurers on your behalf. If necessary, they can file a lawsuit to pursue the compensation you deserve.
How Does Hiring an Attorney Affect Liability?
Hiring a lawyer strengthens your ability to prove liability and hold the at-fault driver responsible. An experienced attorney can gather additional evidence, request video footage, and hire accident reconstruction experts to prove your case.
If the insurance company tries to deny or reduce your claim, an attorney will negotiate on your behalf. If a fair settlement can’t be reached, they can take the case to court and present the evidence in front of a judge or jury.
At Wright Gray Harris, we know how to fight for our clients’ rights. Our attorneys work on a contingency fee basis, so you don’t pay unless we win your case. We handle the legal process so you can focus on your recovery.
Frequently Asked Questions (FAQs) About Liability in Car Accidents
What if the other driver blames me for the accident?
If the other driver blames you, your best defense is to have solid evidence. Photos, witness statements, and the police report can help prove you were not at fault.
Can I still file a claim if I was partially at fault?
Yes, but your compensation may be reduced based on your percentage of fault. If you’re less than 50% at fault, you can still recover damages.
What if the insurance company denies my claim?
If your claim is denied, consult a lawyer. An attorney can challenge the insurance company’s decision and, if necessary, file a lawsuit.
How much does it cost to hire a lawyer?
At Wright Gray Harris, you don’t pay anything unless we win. We work on a contingency fee basis, so you have no upfront costs.
Contact Wright Gray Harris
If you were in a car accident and liability is being disputed, Wright Gray Harris can help you prove fault and fight for fair compensation. Our experienced attorneys know how to gather evidence, challenge insurance companies, and protect your rights.
Don’t let the insurance company deny your claim. Call Wright Gray Harris today for a free consultation. We’ll guide you through the process and help you recover the compensation you deserve.
Call now to schedule your free consultation.