When you are in an accident, you would ideally want the other party to be fully responsible for the incident. However, life does not always work like that and you may find that the police report has indicated that you are at least partially responsible for the accident. Still, you were injured and are looking for a way to recover compensation. Read on to find out if there is a way for you to receive compensation even in cases where you are partly at fault for the collision.
Comparative Negligence
In states where there is a pure negligence rule, the law specifies that the amount of compensation for injuries and losses in any personal injury lawsuit will be decreased according to how much each party is personally responsible for the injuries in car accidents.
This means that if it has been determined that you were 20% responsible for the injuries, the amount you would have received would be reduced by that percentage. You would then take home only 80%.
How can both drivers be at fault for the same accident?
You would think that if you are hit by a drunk driver, the fault only would be theirs. However, it is not uncommon for the other driver to be acting negligently as well. For example, this could be the case where the other driver is speeding through an intersection when the accident takes place.
The Statute of Limitations
Whether the accident is only partially your fault, or if it is the fault of the other driver, there is a statute of limitations that marks the amount of time you have to file a claim. Depending on the state where you live, it may range between one and six years. This time starts to run from the moment the accident takes place, although there are certain exceptions.
Dealing With Your Insurance Company
If your insurance company determines that you are even partially at fault for the accident, you may find that they are attempting to pay you less than you were expecting to be able to cover the expenses caused by your injuries and losses. They may delay the process, causing you a great deal of frustration, in hopes that they will end up wearing you down until you accept this lowball amount and agree to settle.
If you receive the insurance company`s check and cash it, it becomes pretty much impossible to open the case again and try to negotiate a better offer. So do not accept a check until you are sure that this is the best offer you will receive. Once a check is cashed, the matter will be considered settled by the insurance company.
Schedule a Legal Consultation
If recovering damages when you are not at fault for a car accident is, in many cases, an uphill battle, getting the compensation you seek when you are partly at fault becomes even more so. Car accident lawyers Maho and Prentice recommend you waste no time in reaching out to an accident attorney to talk about your case. Your attorney will help you determine whether you are liable for the car accident and help you decide the best course of action going forward.