Means Of Determining Fault & Awarding Compensation In A Car Accident

Car accidents can be scary and we can’t be truly prepared for the same in advance. But if hard luck decides to pay a visit and you find yourself amidst such a mishap, then you need to know the procedures that have to be followed in its aftermath. This can help you stay calm even with adrenaline rushing through your body.

Car accident insurance companies levy maximum importance to the police report to determine the reality of events. The claims made by each party might contain personal bias or be conflicting with each other. Insurers also rely on the statements made by witnesses by taking pictures and asking other drivers and witnesses to properly assess the situation. A fault-based system is followed in most of the US wherein the driver at fault is deemed responsible for the expenses, losses, and repairs via their insurer’s liability coverage.

Read on to know about the three types of negligence that help in assessing fault in such scenarios:

  • Strict comparative negligence can find both the involved parties at partial faults. The percentage at fault determines the amount of compensation the insurance company is liable to pay you. If your fault percentage has been established to be 70%, then you can claim 30% compensation for the losses.
  •  Modified comparative negligence system is followed in some states and bottlenecks the ability to recoup losses. You can take the example of Illinois drivers who need to be below 50% fault for claiming retribution of their losses.
  •  Lastly comes pure contributory negligence requiring a driver to be completely faultless to claim for damages.

Now that you have gained some idea about the ways of understanding the degree of fault, let’s take a look at the compensation system. Here the car accidents can be determined into two categories, namely property damage and bodily injuries. Just as the name suggests, bodily injury constitutes any injury to your body in the form of internal bleeding, broken bones, etc. Property damage, on the other hand, comprises damage to any property or vehicle due to a car accident. For being eligible to claim compensation, you must primarily prove that the injury occurred as a direct result of negligence.

Calculating the level of car accident compensation can be a tricky affair and you need to bring various factors under consideration such as the damage made to your property, the severity of injuries incurred, and types of insurance the other driver has. The damage inflicted on your vehicle depends fully on the value of your car. The severity of bodily injuries will determine the compensation amount and the following are eligible for payment:

  •       Damage inflicted on the vehicle
  •       Vision and dental charges
  •       Material damages
  •       General damages, and
  •       Medical costs incurred.


Every car accident is different from the other. In some cases, the immediate impact of the accident is not visible and can result in long-term ailments. Seeking the advice of a professional personal injury attorney in Huntington beach can help you take the right steps in dealing with the inherent complexities.

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