What Should I Do if the Other Driver Claims I am Partially at Fault?
Auto accident claims are often contentious, as nobody wants to accept fault (and the expenses that go with it) if they don’t have to. Sometimes, a discrepancy arises with regard to the liability for an accident–defendants will often argue that the claimant was partially at fault for an accident. This accusation could be warranted or not, but all claimants should be prepared in case a similar situation occurs.
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Before we discuss this question in further detail, we must mention that a trusted car accident lawyer is your best defense against accusations of fault and any other situation you may face. At Van Law Firm, we’ve cemented ourselves as one of the fastest-growing law firms in the country, so call now to get your claim started.
The Defendant Claims You are Partially to Blame
Any question of liability ties back to the idea of contributory negligence. Now, state law varies widely, but most states adhere to the idea that fault can be split between the various parties involved in proceedings. For example, instead of awarding a claimant 100 percent of their damages, the insurer or court in charge of a claim may split the liability 75-25, 60-40, or any other combination that totals 100.
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Any percentage of fault that is assigned to you will reduce the amount you can recover from the other party’s insurance. For instance, if you were found to be 15 percent at fault, you can then only recover up to 85 percent of your damages. One important note to remember is that states vary when it comes to your “limit” of fault–for example, here in Nevada, the Nevada Revised Statutes (NRS) state that any driver who is 50 or more percent liable for an accident is ineligible to receive compensation from the other party’s insurer, only their own. Additionally, their rates may be affected moving forward.
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Even though it may be hard for claimants to hear, sometimes partial fault is unavoidable. Consider the following hypothetical situation: two cars are driving down the freeway. Car A is driving extremely recklessly, and is aggressively weaving in and out of traffic. He eventually makes an ill-advised lane change, causing Car B to crash into him. Further investigation reveals that the driver of Car B was texting and driving at the time of the accident, so the liability is split 75-25. Even though Car B didn’t technically do anything wrong, he could have potentially lessened the impact or avoided it altogether had he been paying attention.
If you are involved in an accident claim and the other party is saying that you were partially at fault, you should attempt to find out what percentage of fault is being assigned to you before consulting with a car accident lawyer. These rulings can be contested and overturned, but you must act fast.
Questions? Call Trusted Car Accident Lawyers From VLF Now
If you have further questions regarding auto accident claims, or would like to speak with qualified car accident lawyers, simply give Van Law Firm a call as soon as possible. With decades of combined experience and tens of millions recovered to date, there isn’t any case we can’t tackle effectively. Call our office nearest you now to schedule a free consultation.
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