{"id":352998,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/who-is-liable.html"},"modified":"2024-03-06T11:26:08","modified_gmt":"2024-03-06T16:26:08","slug":"who-is-liable","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/who-is-liable.html","title":{"rendered":"Determining Liability After a Car Accident"},"content":{"rendered":"\n
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Determining Liability After a Car Accident<\/h1>\n\n
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\n By Lark Lewis, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Accident fault affects an insurance claim<\/span> or personal injury<\/span> case. Car accident<\/span> liability<\/span> directly influences insurance coverage<\/span> and the compensation you could receive for your injuries.<\/p>\n\n <\/div>\n\n\n\n

Car accidents can send ripples through your life, leading to physical, emotional, and financial turmoil. Determining who’s at fault becomes a major part of the post-accident process.\u00a0<\/p>\n

This article explains the many aspects of determining liability to help you during your car accident case. It covers topics like comparative and contributory negligence. It also addresses how to interpret your insurance policy.<\/p>\n

Some details may be too complex to figure out alone. Get a personal injury lawyer<\/a> on your side when dealing with insurance companies. Your attorney can clarify what to expect and help protect your car accident claim.<\/p>\n

Understanding the Basics of Fault<\/h2>\n

In most\u00a0car accident<\/a>\u00a0scenarios, the term\u00a0at fault<\/a>\u00a0refers to the person whose\u00a0negligence<\/a>\u00a0or carelessness led to the accident.<\/p>\n

In general, the at-fault driver’s auto insurance company bears the burden of covering medical expenses, vehicle damage, and other related costs. However,\u00a0several factors can influence or even complicate this seemingly straightforward process.<\/p>\n

Comparative and Contributory Negligence<\/h2>\n

Sometimes, both drivers involved in an auto accident might share the blame. Depending on the scenario, this is called either\u00a0comparative negligence<\/a>\u00a0or\u00a0contributory negligence<\/a>.\u00a0<\/p>\n

Under the principle of contributory negligence, you may be barred from recovering damages<\/a> if you contributed at all to an accident. Even if you are only considered 1% responsible, under contributory negligence you’d get nothing.<\/p>\n

In contrast, the principle of comparative negligence only limits the extent to which you can recover damages.<\/p>\n

Suppose, for example, one driver is deemed 60% responsible and the other 40%. Applying the principle of comparative negligence, an insurance settlement might reflect these percentages. Understanding this principle is essential as it can\u00a0affect the outcome of your\u00a0personal injury<\/a>\u00a0claim.<\/p>\n

Two drivers, Alex and Mia, are at\u00a0an intersection.\u00a0Alex speeds up a little to make it through a yellow light. At the same time, Mia doesn’t fully stop at her red light\u00a0and moves into the intersection. The two drivers collide.<\/p>\n

Both drivers made mistakes. Alex shouldn’t have sped up, and Mia should have come to a complete stop. After reviewing the accident, it’s decided Alex is 60% at fault for speeding, and Mia is 40% at fault for not stopping. If the two had damages to pay, Alex would pay more than Mia because Alex is more responsible for the accident.<\/p>\n

This situation shows comparative negligence in action. Both drivers had a part in the accident, and their responsibility (or fault) is divided between them based on their actions.<\/p>\n

When Car Owners Become Liable for an Accident<\/h2>\n

While drivers are often the primary focus after a car accident, scenarios exist where a car owner can be held responsible.<\/p>\n

If you lend your vehicle to a friend, family member, or even another known acquaintance\u00a0who then has an accident,\u00a0you could be held liable under the concept of\u00a0negligent entrustment<\/a>. The chances for this increase\u00a0if you were aware of the borrower’s poor driving history beforehand.<\/p>\n

Suppose you have a friend named Jamie. Everyone knows Jamie isn’t a very good driver. He’s had\u00a0several accidents and gotten numerous\u00a0speeding tickets.<\/p>\n

If you let Jamie borrow your car and he causes an accident, you could be held legally responsible since you knew Jamie wasn’t a good driver but still let him use your car. If you’re thinking of letting someone borrow your car, think about how well they drive before doing so.<\/p>\n

Decoding Your Car Insurance Policy<\/h2>\n

The type and extent of your car insurance play an important role in determining compensation after a car accident.\u00a0Liability insurance<\/a>\u00a0primarily covers damages to another motorist, encompassing both bodily injuries and property damage.\u00a0<\/p>\n

If an uninsured or\u00a0underinsured driver<\/a>\u00a0hits you,\u00a0you might need to turn to your\u00a0insurance policy for coverage.<\/p>\n

Let’s break down car insurance like it’s a game with different levels.<\/p>\n

The Insurance Game’s Main Objective<\/h3>\n

When you get car insurance, you’re buying protection. If you’re in a car accident, this protection helps pay for things like car repairs or doctor visits, so you don’t have to spend all your savings.<\/p>\n

Level 1: Liability Insurance<\/h3>\n

Imagine this as your basic shield in the game. If you cause an accident, this shield helps pay for the other person’s car repairs and medical bills. Your liability insurance steps in when you hit someone’s car.<\/p>\n

Level 2: Collision and Comprehensive Insurance<\/h3>\n

Continuing with the game analogy, think of collision and comprehensive insurance as an upgrade to your basic shield.\u00a0Collision insurance<\/a>\u00a0helps pay for repairs to your car if you hit something like another car or a tree. On the other hand,\u00a0comprehensive insurance<\/a>\u00a0is like a magic cloak that protects your car from things out of your control, like theft, hailstorms, or even a deer running into the road.<\/p>\n

Level 3: Uninsured or Underinsured Motorist Coverage<\/h3>\n

Not all players in this imaginary game follow the rules. Some drivers don’t have insurance (uninsured<\/a>) or don’t have enough insurance (underinsured<\/a>). If one of them hits you, your\u00a0uninsured and underinsured motorist coverage is like a backup plan. It helps pay for your car’s damages and medical bills if the other driver can’t.<\/p>\n

Bonus Tools: Medical Payments and Personal Injury Protection<\/h3>\n

Imagine medical payment and personal injury protection as health potions in this game analogy. They help pay for medical expenses, no matter who caused the accident. They can even cover other costs, like if you can’t work for a while because of the accident.<\/p>\n

Reading Your Insurance Policy<\/h3>\n

Every car insurance policy comes with a\u00a0declaration page<\/a>. This page is like a game manual.<\/p>\n

The declaration page lists:<\/p>\n