The biggest question when dealing with most car accidents is who caused them. Sometimes, the evidence is clear and easy to see, but in some cases, you will need the help of a lawyer for a conclusive answer. Liability is a broad concept because every state has specific laws in dealing with car accident claims. However, with the help of a lawyer, you can follow these three guidelines to prove who caused your accident.
Dealing With No-fault Insurance
Under the traditional insurance system, the liable party's insurer covered the injuries and damages caused to the accident victim. In these cases, you only had to prove that the person was liable, and the rest of the process would naturally flow. However, some states have introduced a no-fault insurance law. Under this law, you do not have to prove who was at fault to get coverage for your medical bills and vehicle repair. Every driver goes to their insurer and presents a claim to cover the damages and other bills. The process is quicker because you do not have to file a lawsuit to access the payout. You might also get coverage for your lost wages if your injuries prevent you from returning to work.
Contributory and Comparative Negligence
It is also possible to use the concepts of contributory and comparative negligence to prove who was at fault in an accident. Contributory means that you will receive less cash as a payout for the accident if you played a role in causing it. Comparative negligence means the percentage of your contribution towards the accident lowers the amount you will get for your damages. Your lawyer can help you pursue modified comparative negligence as long as you are not the primary cause of the accident. They will gather the needed evidence to get the insurer to award you a fair settlement.
Reports from the Police
Having a lawyer when handling an accident claim is crucial. They are the ideal people to assess documents like the police reports and determine whether they contain enough evidence to take to court. They will also check whether the police officers might have issued citations, which could be instrumental in deciding fault. Besides this, the lawyers can also get witness statements to support your claim.
These are ways you can argue and get a settlement for your car accident claim. However, you will get a fast settlement when you have a competent lawyer putting together your documents and pursuing the process.
For more information, contact a local firm like Bangel, Bangel & Bangel.
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