Can You Get Compensation if the Accident Was Your Fault?

Can You Get Compensation if the Accident Was Your Fault?

The number of vehicular accidents in the United States has significantly increased. Contrastingly, the budget for road infrastructure is on a steep decline, with insufficient funds to compensate for the drivers’ road safety needs year after year.

In 2020, the number of passenger cars involved in accidents in the United States was around 4.7 million. The National Safety Council reported 5.4 million medically consulted injuries nationwide in the subsequent year.

 From these figures, you can already picture the medical expenses related to car accident injuries. The associated cost for these accidents amounted to a staggering $498.3 billion in 2021 alone.

Concerning the figures mentioned above, a statistical report also showed that a person would likely be involved in a car crash incident three or four times in their lifetime.

If you find yourself embroiled in such an ordeal, you might ask yourself whether or not you’ll be entitled to settlement compensation if you were the one who caused the accident.

What are the damages that your insurance company will cover? What about the damages sustained by your vehicle? 

Does your state law permit you to receive any settlement even if you were partially at fault? What is the role of negligence in determining who is at fault in a car accident?

This write-up seeks to provide answers to these questions. It also offers comprehensive information regarding settlement amounts, liability insurance, and damages you can claim.

Additionally, this article explains why having a personal injury attorney can help you resolve vehicular accident issues.

If you’re involved in a car crash, contact a legal expert to help you out. Visit PersonalInjuryLawyersSearch.org to access a database of thousands of lawyers in the country.

Who Is Responsible for the Costs of a Car Accident?

The law dictates that if you live in an at-fault state, the person responsible for the car crash will be the one to shoulder all costs. Or, more accurately, the at-fault party’s car insurance company will be the one to pay the damages.

This process should be reasonably simple. However, insurance companies often try to pay you for less than you deserve.

In cases where you were injured, and your vehicle also suffered severe damage, the insurance company may argue that you were partially to blame or that the amount you declared may not be as high as the damages caused by the crash.

Liability Issues in Motor Vehicle Wreck Cases

After a car crash, the police will investigate the scene. You may or may not be compensated for your losses depending on how the fault was allocated.

In all states, it is legal for a driver to target the other party for contributing to the accident. However, just because the insurance company retaliates does not mean you cannot get compensation.

Ultimately, you may still be able to pursue a case even if it was determined that you were partially responsible for the accident. In such circumstances, it’s always a great idea to consult the legal advice of a personal injury attorney.

Fault Vs. No-fault States

Every state in America follows a specific insurance law. These states can be categorized into “fault” or “no-fault” states.

Fault-based States

In an at-fault state, the driver (or their insurance company) must pay for any property damage or personal injury the victim has sustained. 

Suppose you were at fault for the accident. In that case, your liability insurance will pay for the damages up to a certain threshold based on your policy limit.

No-fault States

In no-fault states, both parties involved in the car accident must turn to their respective insurance company to cover medical fees and property damages, regardless of who is at fault.

If the accident occurred in a no-fault state, you can file an insurance claim, whether or not you caused the crash.

A no-fault system means both parties can receive medical care without the lengthy procedure of initially determining who was at fault.

Understanding Fault and Liability in Car Accidents

The legal context of fault and liability is how compensation rights are affected when you’re responsible for the accident.

Negligence in a vehicular accident is often based on road rules. For example, the traffic law says that a driver must stop at an intersection with a stop sign.

If the driver doesn’t stop their vehicle, there is an unreasonable risk of an accident. Worse, if the driver who doesn’t stop hits another driver following traffic regulations at the time, then the former is most likely to be considered negligent.

Moreover, negligence can mean the driver is not paying attention or driving recklessly. A great example of this is a driver who rear-ends another person’s vehicle while their sight isn’t focused on the road. In such cases, the victim may be entitled to a settlement.

How Is Fault Determined?

Determining who is at fault for a vehicular accident and filing a lawsuit afterward can be tricky. In any case, you must prove negligence to identify who was responsible for the crash. 

Below are the elements of negligence that must be determined.

  • Duty of care – You must prove that the responsible party owes you a duty.
  • Breach of duty – A great example of a breach of duty is when a driver drives carelessly. Doing so puts others at risk of an accident and is thus considered a breach of duty.
  • Causation – To advance with your claim, the breach of duty should have been what caused the accident that led to your sustained injuries.
  • Damages – You must prove that the injuries were from the crash.

In such cases, a lawyer will investigate the accident to obtain evidence supporting your claim. Some examples of vital evidence are:

  • Medical records
  • Police reports
  • Statements from witnesses (if available)
  • Photos/video footage from the accident site

How to Know If a Car Accident Is Your Fault

In most cases, the insurance company is responsible for determining who is at fault in a vehicular accident case. 

For example, in California, at least one of the involved parties should file a report describing what transpired within a day after the accident.

After this, the authorities will attempt to determine if any or both parties broke the law. The involved parties must then give copies of the police report to their insurance companies.

An insurance adjuster will review the submitted documents to make a claims decision. The insurance company will also determine who among the involved parties was negligent during the crash.

In some states, the negligent driver is liable for the injuries or fatalities caused by the accident.

Insurance Coverage and Fault

In most cases, insurance coverage can protect policyholders who were at fault for an accident.

Additionally, PIP (personal injury protection), collision, and uninsured motorist insurance offer avenues for partial settlement depending on where the accident took place and some policy specifics.

Should you be involved in an accident and it was determined that you were at fault, you can still pursue some available benefits to offset your losses.

Liability Car Insurance

In most cases, if you were responsible for the accident, your liability car insurance will compensate the victim’s medical expenses and lost income up to a certain limit.

However, since you’re the driver at fault, your insurance won’t pay you for your medical bills. Liability insurance covers property damages and bodily injuries with minimum amounts between $5,000 and $30,000, depending on various factors.

In more severe cases that led to fatalities, additional costs may need to be settled using money out of your own pocket.

What Are the Types of Damages Covered if You Cause a Car Accident?

Below are the types of damages that the victim can claim in a car accident:

  • Damage to your vehicle
  • Medical expenses and other treatment costs
  • Prescription medicines
  • Lost wages due to inability to work
  • Pain and suffering

As stated earlier, unless the total amount of damages exceeds your policy limit, the insurance company must shoulder the costs. However, in more severe cases, the party who wasn’t at fault can take you to court for more money than your policy can cover.

What About Damages to Your Own Vehicle?

Suppose you purchased collision coverage as part of your insurance policy. In that case, it should cover the damages to your vehicle even if you were at fault.

Remember, though, that you still need to pay the deductible, a certain amount that must be settled before the policy starts covering your accrued damages.

No-Fault Auto Insurance

Some states practice the no-fault insurance law. Under these regulations, you must initially file a claim with your insurance companies if you were involved and injured in a vehicular accident.

However, suppose your injuries are severe, and your insurance fails to cover all the expenses. In that case, you can seek settlement from the other driver’s insurance policy.

Below are the 12 states that follow the no-fault insurance law:

Florida
Hawaii
Kansas
Kentucky
Massachusetts
Michigan
Minnesota
New Jersey
New York
North Dakota
Pennsylvania
Utah

No-Fault Auto Insurance vs. At-Fault Auto Insurance

In most states, the at-fault driver bears the financial duties for all injuries and damages caused by the accident. Since most at-fault states require insurance, the at-fault driver’s insurer is responsible for paying the damages.

In such cases, the practice of an at-fault system can result in either of the following:

  • Clogged courts (since every claim the insurers cannot settle will translate to a lawsuit)
  • Slow claim payment process (since the insurer must first determine who is at fault before you can make a claim)

On the other hand, a no-fault system allows for faster claims processing and fewer lawsuits. It also protects you if you are deemed responsible for a minor accident.

In minor accidents, each party’s insurer will cover the losses, meaning the driver will not face charges over an accident they caused.

Drawbacks of No-Fault Auto Insurance

Although a no-fault auto insurance law offers clear benefits regarding faster claim payments and less probability of going to a court hearing, it also has drawbacks. 

Below are the disadvantages of no-fault auto insurance:

  • The driver’s policy will cap the insurer’s compensation.
  • Some states, like New York, prohibit settlement pay for pain and suffering.
  • Insurance premiums may rise when a driver files a claim, even if they weren’t responsible for the crash.

Conditions for Exiting the No-Fault System

Sometimes, a person injured in a car accident can exit the no-fault system. When a person opts out of the system, they can sue the responsible party for all damages, including pain and suffering.

Suppose you were responsible for a serious accident. In that case, the injured party can opt out of the no-fault system under these circumstances:

  • They have accrued more than $50,000 in basic economic losses, including medical fees and lost income due to their inability to work.
  • They have sustained serious injuries from the crash.

For example, under New York law, a serious injury may be one of the following:

  • Loss of a body part or organ
  • Disfigurement
  • Miscarriage
  • Loss of the function of a body part or organ
  • Bone fractures

If You Were Deemed Liable

If the other party sustained injuries from the accident that was your fault, chances are they will file a claim against you. In any case, your insurance company will attempt to defend the claim.

The insurance company will also try to settle the case within your policy limits or hire an attorney if you were charged with a lawsuit.

There are various types of damages you can sue for. Damages are compensation you may seek for losses caused by an accident.

When the cases do not settle, and both parties decide to file a lawsuit against each other, their cases will be consolidated for judicial economy.

What to Do After a Car Accident That Is Your Fault

Determining who is responsible for a vehicular accident can be perplexing. It relies on multiple pieces of evidence, among other various factors. In most cases, however, car crashes are caused by one’s negligence.

Understanding insurance coverage and liability is crucial, especially if the accident was your fault.

Below are the steps you can take if you are responsible for a car crash.

Stop and Stay Safe

Suppose you’re involved in an accident and are not severely injured. In that case, you must first stop your vehicle and ensure you’re not hindering traffic flow in the area.

Don’t Flee the Scene of the Accident

Fleeing the accident scene can lead to more serious hit-and-run criminal charges, regardless of whether or not you caused the crash. Failure to cooperate with the authorities and the involved party may cause the withdrawal of your driver’s license and insurance.

Check for Injuries

If you or anyone in the other party sustained injuries after the crash, you must immediately call for emergency assistance. Prompt medical care also plays a vital role when filing an injury claim later.

Remember to keep records of your medical expenses after your diagnosis and treatment since these documents are important for insurance evaluation.

File a Police Report

When you are involved in a vehicular accident, you must file a police report ASAP. The report will be an official case document for determining insurance claims and liability.

Provide the authorities with all the necessary details, including relevant information about weather and road conditions and the actions of all involved parties.

If witnesses are nearby, try to gather their contact details since their statements are valuable assets to support your case.

Exchange Relevant Information

Exchange information with the other driver. This includes their name, contact information, address, and car insurance details.

Take Pictures and Collect Other Potential Evidence

Aside from gathering personal information regarding the other party, it’s also important to document the scene of the accident through photos and video footage.

These valuable pieces of evidence can help determine who is at fault and later prove the damage’s extent. 

Tell Your Insurance Company

Promptly contact your insurance company if you’re involved in a car accident. Typically, insurance policies will require you to report the accident as quickly as possible to help prevent you from missing out on coverage.

Report the Accident

In most states, a person must file a report with the Department of Motor Vehicles (DMV) within 10 days after the incident. This is important, especially if the accident caused the death of one or more people, severe injuries, or property damages of more than $1000.

By following this rule, you’re adhering to state regulations and helping speed up the process of insurance and other legal issues related to the incident.

Talk to a Lawyer

Regardless of who is responsible for the accident, you must not admit liability without consulting your personal injury attorney first. With the help of a lawyer, you can settle negotiations and navigate the ins and outs of filing a claim much easier.

Types of Damages You Can Claim

There are various damages you can sue for. Damages are settlement payments you may seek for losses caused by an accident.

Economic damages are tangible financial losses that can be proved with bills, receipts, and other forms of documentation. Here are some examples:

  • Medical costs – This includes all costs associated with your injury’s care up until the present time and the care that is still anticipated.

  • Vehicle damage – If your vehicle is damaged (which is very likely) or totaled due to the accident, you can include those expenses in your claim. 

  • Value of services – This refers to the tasks you cannot do because of the accident. Value of services includes childcare, transportation, and housekeeping tasks.

  • Loss of earnings –  This covers the potential earnings lost and the work time missed due to an accident. You’re entitled to compensation for any decrease in your capacity to earn, regardless of whether you can or cannot continue to earn income after the accident.

On the other hand, noneconomic damages are more subjective harms related to your quality of life on a day-to-day basis. These damages are nonquantifiable, meaning the case value is determined by the length of time you had the disability and the severity of its impact on your quality of life.

Some examples of noneconomic damages include the following:

  • Disfigurement
  • Pain and suffering
  • Loss of society
  • Loss of normal activities
  • Loss of capacity to enjoy life
  • Loss of consortium
  • Loss of bodily functions

Potential Avenues for Compensation

If you were at fault for an accident, it is still possible for you to yield partial financial recovery. Below are possible avenues for compensation in a car crash that was your fault:

  • Using applicable insurance coverage
  • Thoughtful legal strategies
  • Dedicated attorney support

These avenues emphasize evaluating the third party’s liability and leveraging the benefits of a first-party policy and counsel expertise. Understanding these options can help you avoid forfeting otherwise rightful damages.

Possible Ways to Get Compensation

Suppose the other party involved in an accident is adequately insured. As the at-fault driver, you may claim collision coverage for medical bills, vehicle repairs, and uninsured motorist coverage.

Potential for Third-party Liability

In some states, if the other driver is even partially responsible for the accident, they may also share the liability for damages. The amount they’ll pay is proportional to the contributory negligence rule of the state where the accident occurred.

Role of Car Accident Lawyers

Some damages cannot easily translate to a dollar amount. Often, the most optimal way to recover compensation is to seek the legal advice of a lawyer.

Hiring a personal injury lawyer from a respectable firm can also lead to an increased settlement in a car crash claim. A personal injury lawyer can help when insurance companies make lowball offers to settle a case.

When you hire an attorney, insurance companies often treat that as a sign that they will have to offer a fair settlement for you.

PersonalInjuryLawyerSearch.org is your go-to resource when searching for an experienced attorney specializing in personal injury cases. You can filter your search by state or practice area and find a lawyer that fits your legal needs.

Will the Accident Affect My Vehicle Insurance Rates?

Suppose it was deemed that you were not responsible for the accident. Your premium should not be affected because your insurance company would receive payment from the other driver’s insurance.

In cases where the insurance company attempts to increase your premium due to an accident that isn’t your doing, you must promptly discuss it with your agent.

When Are Insurance Premiums Likely to Increase?

Suppose investigators discover you were at fault in a car crash case. Chances are your insurance premiums will rise due to the heightened risk you pose to the insurer. 

Can Filing a Claim Raise My Car Insurance Rates?

If the accident was found to be your fault, filing a claim will raise your car insurance rates. Higher risks often mean higher premiums. More so, even if the accident wasn’t your fault in its entirety, some insurers may still attempt to increase your rates.

Rates can also rise based on the following factors:

  • Your overall driving record
  • Your insurance company
  • Your current address

What if You Are Partially at Fault in a Car Accident?

The rules for shared fault in a vehicular accident vary from state to state. In most cases, the share of compensation might be reduced based on the fault’s percentage.

For some states, you may even be barred from recovering any compensation if you were at fault for more than half of the damages.

A shared fault occurs when you are partially to blame for a vehicular accident. States have different solutions for shared fault incidents, but all require a juror to hear the case at trial.

How Much Money Can You Recover After a Car Accident?

The amount of settlement you can get for a car accident claim is based on the extent of damage suffered, among other factors. Data collected on average car accident settlement amounts vary per source.

Based on a 2020 report by the Insurance Information Institute, the average claim for bodily injuries after a car accident was $20,235, while the average property damage claim was $4,711.

A Martindale-Nolo survey also revealed that from 2015 to 2020, the average compensation of those who made vehicular accident claims was $23,900. Most of the respondents said that they received $10,000 or less.

Pain and Suffering Damage

Pain and suffering damages, otherwise known as general damages, can include loss of life enjoyment, disfigurement, or even the death of a loved one.

The settlement amount someone can ask for pain and suffering depends on the accident’s severity and how the injuries impact them daily.

The Formula for Calculating Pain and Suffering

Pain and suffering refer to the emotional and physical trauma a person experiences after a car accident.

To calculate a reasonable offer for pain and suffering, some insurance companies compute the sum of property damage and medical bills and multiply that by a number between 1.5 and 4 based on the case’s severity.

For example, if your original costs were $50,000 and your suffering was rated at 3, your pain and suffering settlement should be $150,000.

Pain and suffering are personal and highly subjective factors. Remember that a skilled attorney can present a convincing case for a higher compensation.

Defending Against Lawsuits When You’re the At-Fault Driver

Aside from basic PIP (personal injury protection), your insurance policy has liability coverage. The liability coverage takes effect when you’re sued for a car accident.

Suppose you are responsible for a car accident that’s serious enough to translate into a lawsuit. In that case, your insurer must be on your defense. Usually, this means that the insurer will hire an attorney for your case and try to settle it by negotiating for you.

Moreover, the insurer must compensate for any judgment against you up to your policy’s limits.

Contributory Negligence

In states that follow the contributory negligence doctrine, you are barred from recovering any amount if you contributed in any way to the accident.

For example, suppose you have suffered $100,000 in damages, but the jury deemed you were 3% at fault because you were driving past the limit. In that case, you will recover nothing in a contributory negligence state.

Listed below are the states that follow contributory negligence rules as of 2023:

Qualifying for Compensation After an Accident

Depending on your sustained injuries, you can be qualified for the following compensation after an accident:

  • Past and future lost wages
  • Past and future medical expenses, including transportation expenses related to receiving medical aid
  • Vehicle repair expenses
  • Costs for hiring people or services that you otherwise do not need before the injuries
  • Physical pain and suffering
  • Emotional pain and suffering
  • Physical or mental disability
  • Severe scarring that affects your physical features, range of motion, or self-esteem

Wrongful Death

In the unfortunate event that an involved loved one of yours did not survive the accident, you may be able to receive a settlement through a wrongful death lawsuit.

The compensation includes damages your loved one could have received if they could file a lawsuit for themself. These compensations may include the following:

  • Funeral and burial fees
  • Loss of your loved one’s source of income, which you and their dependents rely on to make ends meet
  • Other intangible benefits, like loss of comfort, guidance, and affection

Fault and Compensation

Each state practices specific laws regulating damage collection when a person is at fault for the injuries. In some states, the more responsibility a person has for the injury, the less they can receive compensation.

Consulting your personal injury attorney is always the best idea to help you gain more insight into these perplexities.

Who to Sue After an Accident

Aside from the other driver, there are some people (or groups of people) that you may sue after an accident. The following are: 

  • The other driver’s employer if the driver’s reckless behavior was a product of their employer’s policy or pressure at the time of the accident.
  • A maintenance group if the people responsible for maintaining your vehicle, the other person’s vehicle, or the roadway where the accident happened were negligent.
  • An automobile manufacturer if you or the other driver’s vehicle has a dangerous part installed.
  • A combination of the above.

The Claims Process

If you find yourself involved in a vehicular accident case, the following steps must be taken to file your claim:

  • Contact your insurance company as soon as possible.
  • Use a smartphone application (if available) to jumpstart your claim.
  • Determine and prepare what documents are needed.
  • Understand your claim’s timing.
  • Know if your policy covers payment for a rental car.
  • Give the information requested by your insurer.

The Insurance Company Will Try to Get You to Settle for Less Than You Deserve

Commonly, insurance companies approach car accident victims with a quick settlement. It’s advisable to consult with your personal injury attorney to protect your interests before agreeing to any settlement offered by the insurance company.

 Insurance companies plan to raise their profits by giving low settlement offers initially. While resisting an immediate check offer can be hard, it’s often the best way to increase your financial recovery potentially.

Often, car accident victims accrue expensive medical bills and unpaid time off work. As a victim, you cannot obtain more later if you accept a settlement offer. This restriction can be problematic if the injuries worsen and require further medical attention.

How Can You Increase Your Financial Recovery After the Accident?

Below are some measures to help you recover significant compensation:

  • Call the authorities.
  • Document the personal information of the witnesses.
  • Do not discuss responsibility or fault with the insurance company or the other driver.
  • Do not post your accident on social media.
  • Do not sign documents promptly or agree to be recorded for the insurance company without talking to your lawyer first.
  • Take photos from multiple angles and record video footage if possible.
  • Accomplish all medical treatments and keep physical documentation of your expenses.
  • Call a personal injury lawyer as soon as possible after the incident.
  • Do not assume the insurance company is aligned with your best interests.
  • Seek treatment from a medical expert.

Evidence plays a vital role in a car accident settlement claim. For you to gain compensation for your damages, the other driver must be at fault, and your sustained injuries must be legitimate.

Can You Proceed Without an Attorney?

Although an attorney can assist in sorting out legal matters quickly, you can still handle your case without one.

However, you must remember that without a lawyer helping you out, and if the other party’s insurance company thinks you were even partially at fault for the incident, you may experience difficulties trying to collect a settlement, even if you’re entitled to them to begin with.

In case you are not responsible for the crash at all, having an attorney can also help prove who holds true liability.

Getting Legal Help in a Car Accident Case

Car accident attorneys can review evidence such as witness statements and crash photos. They can also work with outside experts like investigators and retired police officers.

Lawyers can visit the accident scene to observe and gather any available evidence. They can also recreate the scene to determine specific accident details if needed.

Moreover, they can acquire a physical copy of your accident report and review medical documents regarding your sustained injuries.

When your personal injury lawyer makes a claim, they will look at different ways the crash can affect you in the present and future. They will consider the injuries that may compromise your work, current and future medical treatment expenses, and emotional impacts due to the accident.

Your lawyer can give an accurate estimate of your damages. This assessment can help ensure you do not bear any unforeseen accident-related costs in the future.

Insurance company adjusters often find ways to lower car accident victims’ payments. In this case, working with a law firm to deal with adjusters can help your claim.

Additionally, lawyers can review the insurance offers and negotiate for higher settlements.

You Have Only a Certain Time to File Your Lawsuit

There are valid reasons to limit the time to file a lawsuit. One example is to protect the integrity of evidence and witness testimonies (if applicable). It will also mean that the accusing party cannot indefinitely threaten a lawsuit.

Protecting Your Rights After an Accident

Car crash victims deemed fully or partially at fault for an accident still have important legal rights to exercise. In such cases, an experienced car accident lawyer can help strengthen protection by leveraging third-party liability and legally compelling fair claims payments.

Even the at-fault party has a right to equitable insurance compensation. Furthermore, the fault in a vehicular accident case does not automatically negate an argument about shared liability.

Speak With a Personal Injury Lawyer

If you need to look for the best personal injury lawyers anywhere in the U.S., PersonalInjuryLawyersSearch.org can help you find one for your legal needs. This online directory lets you search car accident lawyers by name and state so you can immediately work with one near you.

Frequently Asked Questions (FAQs)

1. What’s the difference between being “at fault” and “liable” for an accident?

Being “at fault” means you were the cause of the accident. Being “liable” means bearing responsibility for the injuries and damages resulting from the accident. 

2. Can you still file a claim if the accident was your fault?

If you have collision or comprehensive insurance coverage, you may file a claim even if the accident was your fault.

3. Can I sue the other driver even if I was at fault?

It depends on where the accident took place. In states that practice contributory negligence, even if you were at 1% fault, you cannot sue the other driver.

4. Can I be sued for more than my insurance coverage if I’m at fault?

If the damages amount goes beyond your insurance coverage threshold, the injured party can directly sue you for the remainder of the compensation.

5. Do I pay for the excess if I’m at fault?

Yes. You must pay the excess if any claim is made on your insurance policy. If the accident was proven to be the other party’s fault, you might be able to recover the amount.

6. If I have been injured in an accident and it was my fault, can I still pursue a claim?

As mentioned before, the answer will depend on the laws of where the accident occurred. In states that follow the comparative negligence doctrine, both parties may sue each other for damages if both were partly at fault.

7. What is comparative negligence, and how can it affect my claim?

For states under the pure comparative negligence doctrine, your compensation is reduced based on your percentage of fault. Many states, including Florida and California, practice pure comparative negligence.

Similar to pure comparative negligence, modified comparative negligence reduces compensation depending on your share of fault. 

However, you can’t get a settlement in modified comparative negligence if you’re more than 50% responsible for the accident. This rule is observed in several states, including Texas.

8. What is the burden of proof in auto accident cases?

The burden of proof refers to the threshold that must be met in court to prove someone’s case.

In a vehicular accident case, the burden of proof is the preponderance of the evidence. Simply put, a preponderance of the evidence means that your proposition is deemed closer to being true than not.

9. Is hiring a personal injury lawyer worth it if I believe I’m at fault?

Yes. Hiring a car crash attorney can help determine who is at fault and how to navigate insurance claims. A lawyer can also help ensure you receive fair treatment if you think you were responsible for the crash.

10. If both parties are at fault, how is compensation determined?

Typically, compensation will be calculated based on each party’s degree of fault in relation to the negligence laws practiced by the state where the accident happened.

11. Are there any protections or caps on how much I might owe if I’m at fault in an accident?

Some states implement damage caps for different claims. However, in most cases, the driver at fault can be responsible for the full amount of damages beyond their policy limits.

References

  1. Typical Car Accident Settlement Amounts (2023)
    https://www.forbes.com/advisor/legal/auto-accident/typical-car-settlement-amounts/
  2. Property damage cases
    https://selfhelp.courts.ca.gov/civil-lawsuit/property-damage
  3. Filing an Auto Claim with the Other Party’s Insurance Company
    https://insurance.utah.gov/consumer/auto-home/auto-insurance/third-party-auto-claim
  4. Non-Injury Vehicle Collisions
    https://www.nyc.gov/site/nypd/services/vehicles-property/non-injury-vehicle-collisions.page
  5. Can I Sue Even If the Accident Was My Fault? 
    https://www.nstlaw.com/faqs/can-i-sue-even-if-the-accident-was-my-fault/

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