Getting into an accident is stressful enough without having to deal with insurance claims. And when you're deemed at fault, the claims process can get even trickier. Can you still make a claim if the accident was your fault? What happens if you were only partially responsible?
Understanding liability and fault is key to successfully navigating insurance claims after an accident. This comprehensive guide will explain everything you need to know, from fault determination to filing a smart claim.
How Fault is Determined in Accidents
After an accident, the first step in the insurance claims process is determining who was at fault and to what extent. Police reports, eyewitness statements, dash cam footage, and more all play a role in deciding fault.
Police Reports Provide Vital Details
Police reports contain key details about an accident, including the officers' assessment of fault based on the evidence. While not definitive, police reports carry significant weight in determining liability.
If errors exist in the police report, it's crucial to point them out to your insurer right away. Photos, videos, and eyewitness accounts can help correct inaccuracies.
Eyewitness Statements Shed More Light
Independent eyewitnesses provide another perspective on how the accident occurred. Their statements help corroborate or contradict other evidence.
However, eyewitness accounts aren't always reliable. Details can get muddled, especially if time has passed since the incident. Eyewitnesses with no stake in the matter offer the most credible testimonies.
Dash Cams and Surveillance Aid Investigations
Video footage from dash cams, traffic cameras, and nearby security systems can provide objective evidence to precisely reconstruct the accident.
If available, get copies of any video documenting the incident. This visual evidence can prove invaluable during the claims process.
The Difference Between Full and Partial Fault
Once the investigations and evidence reviews are complete, insurers will make a final determination on fault. There are two potential outcomes:
Being Fully At Fault Means You Caused the Accident
If you're deemed 100% or fully at fault, it means the insurer concluded you were solely responsible for causing the accident.
Examples include rear-ending another vehicle, losing control of your car, or failing to stop at a red light or stop sign.
Partial Fault Means Shared Responsibility
Alternatively, you may be found partially at fault, or share responsibility for the accident. This typically occurs when both parties made mistakes that led to the collision.
For instance, you may have improperly changed lanes while the other driver was speeding. You'd likely share liability in this scenario.
Implications of Being At Fault for a Claim
The repercussions of being at fault depend on your policy limits, deductible, and insurer. Here are some common consequences:
Increased Insurance Premiums
Getting into an at-fault accident will drive up your insurance rates. Premiums could rise by 20-30% for the next 3 to 5 years. The exact increase depends on factors like damage amounts and previous driving record.
High Out-of-Pocket Expenses
With full fault, you'll have to pay your policy deductible for any repairs, which could be $500-$2,000 depending on your coverage. You may also need to cover the other party's damages if they exceed your liability limits.
Denied Claims for Your Own Vehicle
If you caused the accident, your insurer may deny covering damage to your own car depending on your policy specifics. Review the liability sections for any exclusions.
Claim Acceptance Depends on Policy Wording
The insurer will interpret your actual policy to determine if you're eligible for any reimbursements when at fault. Key sections include liability limits, deductibles, and exclusions.
Having a knowledgeable agent to explain the fine print is invaluable when filing claims after an accident you caused. An attorney can also help dispute any unfair claim denials by your insurer.
Navigating Split Liability Accidents
With shared fault, also known as split liability, both parties involved share the costs based on their percentages of fault. Here's how it works:
Both Insurers Work Together
When liability is split, the two insurers have to cooperate to handle the claims. Your insurer pays out your portion, while the other party's insurer covers their percentage.
For example, if you're deemed 60% liable in a collision, your insurer pays 60% of the damages. The other driver's insurance pays the remaining 40%.
Lower Costs Compared to Full Liability
Since you're only responsible for your share of damages, split liability claims result in lower out-of-pocket costs than being 100% at fault.
However, premiums will still increase after shared fault accidents, but generally not by as much as with full liability.
Determining the Percentages
The percentages are decided based on the degree to which each party's actions caused the accident. Evidence like police reports and witness statements are used to assess relative fault.
Be sure to make your case to the claims adjuster regarding why you believe your portion of responsibility should be lower. Having an experienced attorney can come in handy here.
How Contributory Negligence Affects Claims
In a few states, contributory negligence laws prohibit filing claims if you're even 1% to blame for the accident. Here's how this strict rule works:
The Slightly At-Fault Can't Claim
With contributory negligence, even being 1% at fault bars you from seeking any compensation, even the portion you weren't responsible for.
So if an insurer found you just 5% liable in a collision, you'd recover $0 while the other party can claim 95% from your policy.
Currently in Only a Few States
Only Alabama, Maryland, North Carolina, Virginia, and Washington D.C. still follow traditional contributory negligence doctrines. Most states now use comparative negligence instead.
But in these contributory negligence regions, being partially at fault can completely prevent you from successfully filing an insurance claim.
Can Incentivize Frivolous Counterclaims
The all-or-nothing nature of contributory negligence motivates people to make exaggerated counterclaims assigning you more fault. Their goal is to reach >50% liability for you so they can file a claim.
Understanding Comparative Negligence Laws
Most states now follow comparative negligence instead of contributory negligence. With comparative negligence, both parties can recover damages based on their share of liability.
Two Types of Comparative Negligence
There are two forms of comparative negligence used in different states:
- Pure comparative negligence
- Modified comparative negligence
Here's how they differ:
Pure Comparative Negligence
With pure comparative negligence, you can recover your percentage of damages regardless of your fault amount.
So even if you were 90% liable, you could still claim 10% of losses from the other party. Currently, only 12 states follow pure comparative negligence.
Modified Comparative Negligence
Under modified comparative negligence, you can only claim if your liability is below a certain threshold:
- 50% rule - Can claim if <50% at fault. Used in 19 states.
- 51% rule - Can claim if ≤51% at fault. Used in 13 states.
So being 52% liable would bar you from compensation in a 51% modified state.
Step-by-Step Guide to Filing an At-Fault Claim
Here are the key steps to take when filing an insurance claim after causing an accident:
1. Report Incident to Your Insurer ASAP
Notify your insurer about the accident as soon as possible. Provide all relevant details about how it occurred and any damage or injuries.
Timeliness is key, as delays can complicate claims.
2. Cooperate Fully with Your Insurer's Investigation
Comply with your insurer's requests for information during the claims investigation. Provide accurate accounts of what happened and disclose any dash cam or other video footage you have.
Being transparent will streamline the process. Avoid sharing opinions, however - just the facts.
3. Submit Required Documentation
Gather relevant documents like accident photos, police reports, medical evaluations and auto repair estimates. Submit copies to your insurer promptly.
The more supporting evidence you provide, the smoother the process.
4. Pay Your Deductible Amount
Once your insurer finishes assessing damages and fault, submit your deductible payment for repairs to your vehicle. This allows the repairs to proceed.
5. Negotiate Your Percentage of Fault
Don't blindly accept the fault determination. Politely make your case for a lower liability percentage based on evidence. Having legal counsel helps gain a more favorable split.
6. Review Claim Settlement Offer Carefully
Scrutinize any claim settlement offer from your insurer to ensure it aligns with policy limits and deductibles. Ask questions if you're unsure about anything.
Thoroughly documenting the accident from the outset makes filing your own at-fault claim more successful. Tracking expenses also aids negotiations on fault percentages and compensation amounts.
Essential Documentation for Fault Claims
Collecting proper evidence is vital to prove your side of the story. Here are key documents to obtain after any accident:
Police Report
Get a copy of the official police report documenting the incident. Having the officer's record of what transpired can help resolve disputes.
Photographs From the Scene
Take photos of any property damage, skid marks, debris, injuries, road signs/markings, and weather conditions. Photographs provide invaluable visual documentation.
Contact Info for Witnesses
Record names and contact information for any eyewitnesses, along with their accounts of the accident. Their perspectives could help show lower liability.
Vehicle Damage Estimates
Obtain repair estimates from auto body shops to submit to your insurer. Get 2-3 written estimates for more accuracy.
Medical Evaluation Records
If any injuries resulted, have doctor's reports detailing diagnosed conditions and treatments required. Bills, prescriptions, and discharge papers also should be saved.
Dash Cam Footage
Dash cams record accidents as they happen. Save dash cam videos as evidence for your claim if you have one installed.
With proper documentation, you'll have strong supporting proof for negotiations to limit your liability percentage and secure a reasonable settlement.
Potential Claim Outcomes When At Fault
Depending on your policy provisions, being at fault for an accident can lead to these potential claim outcomes:
Claim for Your Vehicle Approved at Reduced Value
If permitted under your coverage, your insurer may pay a lowered amount for damage to your car after depreciation deductions. This reduces their payout while still providing some compensation to you.
Claim Denied for Your Own Vehicle Damage
Since you caused the accident, your insurer may deny covering any repairs to your own vehicle. But their obligation to cover the other party's damages remains.
Deductible Reimbursement Only
For minor accidents where your liability is clear, your insurer may forego their investigation and simply reimburse your deductible amount. It saves administrative costs for all parties.
Settlement After Negotiating Split Liability
With shared fault, your insurer will seek an equitable split percentage based on evidence. A 60/40 settlement in your favor is a commonly negotiated outcome.
Subrogation Rights Granted for Insurer Reimbursement
If another party was partly at fault, your insurer may pay your damages and then exercise subrogation rights to recover their costs from the other insurer. This is common with split liability.
Understanding these options allows realistic expectations when filing claims after causing an accident. An experienced independent agent can offer guidance specific to your policy.
Key Takeaways: Successfully Claiming When At Fault
- Police reports, eyewitnesses, and video footage establish fault after accidents.
- Being deemed fully or partially at fault has different claim implications.
- Contributory negligence laws prohibit claiming with just 1% liability in 5 states.
- Under comparative negligence, you can recover damages proportional to your liability percentage.
- Meticulously document accident details, damages, and injuries.
- Negotiate split liability settlements favorably based on evidence.
- Know your options for potential claim outcomes when at fault.
Getting into any accident is an unwelcome hassle. But carefully documenting evidence and negotiating your liability percentage can help maximize your claim settlement even when you're partially or fully at fault. Understanding the claims process will limit frustrations and reimburse you fairly for damages.
With some preparation and persistence, you can successfully navigate insurance claims and achieve an optimal outcome - even if the accident was unfortunately your fault.
Frequently Asked Questions About Insurance Claims When At Fault
What happens to my auto insurance rates if I'm at fault for an accident?
If you're fully or partially at fault for an accident, expect your insurance premiums to increase. Typically rates rise 20-30% for 3 to 5 years after an at-fault claim due to being labeled higher risk. The exact increase depends on factors like damage amounts and your previous driving history.
Can I still file an insurance claim if I caused the accident?
Yes, you can still submit a claim to your insurer. However, whether they pay depends on your specific policy terms, liability limits, deductibles, and state laws regarding comparative/contributory negligence. Review your policy or consult your agent about your options when at fault.
Should I get a lawyer for an at-fault accident claim?
Getting legal help can be beneficial if you were partially at fault. An attorney experienced in insurance claims can help negotiate the best liability split and maximize your settlement payout. Lawyers also prove useful if your insurer wrongly denies coverage for which you are eligible.
What documents do I need to submit for an at-fault claim?
Vital documentation includes the police report, photos of damage, vehicle repair estimates, eyewitness info, dash cam footage, and any medical evaluations if injuries occurred. This evidence can help demonstrate lower liability if you were partially at fault. Keep thorough records.
How long does it take to get an at-fault claim settlement?
It typically takes 1-2 weeks for the insurer to investigate and determine fault. If your liability is clear, a check can come in 2-4 weeks. Disputed or complex claims can drag out settlements for months. Maintain open communication with your adjuster to expedite it.
Filing an insurance claim for an accident you caused brings many questions. But understanding the claims process, documenting evidence thoroughly, and seeking legal counsel if warranted can help maximize your settlement. Check with your insurer or agent about specific claim procedures.
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