The Basics Of Car Accident Claims

PUBLISHED: September 7, 2021

There are strict insurance and liability rules that have to be applied when looking at car accident claims. The big problem though is that they do vary from one state to another. The way in which the claim is going to be affected when specific circumstances apply is something most people do not know. For instance, there might be several parties at fault. Or, the accident might have happened in a no fault US state. These complications are why you need Philadelphia auto accident lawyers.

Determining Fault

Usually, the driver at fault is financially responsible for all resulting injuries and vehicle damage. Practically speaking though, it will be the insurance company of the driver that will end up covering most claims. Drivers just end up faced with higher insurance premiums in the future. This is what we say when we mean living in a fault state. However, in some US states, the no-fault system is in place, which makes things a little more complicated when it comes to receiving financial compensation.

While various complications do exist when looking at insurance and injury claims, the biggest effect is always based on the party at fault.

In most situations, fault is very simple to understand and clearly visible. For instance, the driver might have run a red light or they might rear-end someone else. However, in other accident scenarios, the party at fault is very difficult to be determined.

The Breach Of Legal Duty

During car accident claims, the injured party needs to prove liability. This basically means the driver at fault was negligent. To do this, some key elements have to be established:

  • The Breach Of Legal Duty

This is basically something that every single participant on the road has to respect. It is practically a duty of operating the vehicle with reasonable safety in mind. Driver behavior is basically compared to what the reasonable prudent individual would do when in the exact same situation.

  • The Breach Led To Damages And Injuries

Negligent drivers are not necessarily at fault for accidents. This is why, for a claim to be successful, it needs to be proven that the negligence of the driver is what caused the car accident.

Insurance adjusters rarely discuss legal duties as fault is assessed and questions are asked after car crashes. This is done just so that victims can be taken advantage of.

Hiring Car Accident Attorneys

Car accident claims rely on proving fault and negligence. These are not so simple to deal with and the truth is that you will need help. This is because you most likely have no idea what proof can be used in your case and what steps you have to take. When you deal with insurance companies, it is even more difficult to control everything that happens.

At the end of the day, the car accident lawyer will help you during the entire step of the accident claim. You will receive a higher insurance settlement and you will be able to heal as the specialist takes care of absolutely every single part of the process for you.

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