Is a Car Accident My Fault?

The party assigned fault for causing an auto accident assumes responsibility for the collision. For the filing of an insurance claim, the at-fault driver represents the driver who committed one or more acts of negligence. Common negligent acts that cause vehicle collisions include speeding, running a red light, rear-ending another car, and driving under the influence of drugs and/or alcohol. Text and driving, which is prohibited by most states, has emerged as one of the most frequently cited causes of auto collisions. 

An at-fault accident means the driver who assumes legal liability for causing a car accident pays for damages sustained by the other party, which includes medical expenses and the value of property damage. States that operate on the at-fault insurance model do not require motor vehicle owners to purchase personal injury protection (PIP), According to data released by the Insurance Information Institute, a majority of states operate under the at-fault auto insurance model. One important note: assigning fault is not a cut and dry issue. Many car collisions involve one or more negligent acts committed by multiple parties. For example, let’s assume a driver ran a red light and another driver failed to signal while making a turn. A car accident involving both parties requires both parties to assume some percentage of blame for causing the collision.

The remaining states that have passed no-fault legislation require car owners to buy PIP. This type of coverage pays for medical expenses regardless of which party caused the car accident. Typically, every party involved in a car collision pays for medical bills, ambulance expenses, and the cost of emergency care through PIP coverage. However, the party assigned fault for causing an auto collision must pay for the property damages sustained by the other parties. Sixteen states have enacted legislation that follows the principles of the no-fault insurance model.

One of the most important responsibilities of the personal injury attorney you work with from Morgan & Morgan involves conducting an investigation into the cause of your auto collision. Morgan & Morgan sends a team of experienced investigators into the field to gather and organize convincing evidence. We take photos of the accident scene and the damage done to your motor vehicle, as well as request copies of any footage shot at the time of the accident. Cameras installed by law enforcement at intersections and along roads and highways can provide the evidence your personal injury attorney needs to assign fault for causing a car crash.

Your legal counsel files a request to determine whether the other party received any traffic citations right after the crash. Cited violations of traffic laws represent a highly powerful piece of evidence that should convince an insurance adjuster and a judge hearing your civil case to award you compensation for your financial losses. The legal counsel we assign to your case also interviews witnesses. You provide your personal injury lawyer with names and contact information for every witness. Witness accounts of a car accident offer legal support for the evidence collected at the scene.

Every car insurance policy includes a long section that describes what financial losses the policy covers. The details of what is covered depend on factors such as the state where you live and the type of policy you purchased. Fault-based car insurance compensates an injured party up to the limit established by your auto insurance policy. This includes the cost of medical bills ranging from the completion of diagnostic tests to the prescription drugs you take to mitigate pain. Your policy also might include a coverage clause that pays for the intangible costs of pain and suffering.

For auto owners living in a no-fault state, your PIP coverage pays for the medical expenses and other costs associated with the car collision, regardless of which party assumes legal liability for causing the car accident.

How you handle a car accident when you are at fault follows many of the same steps you follow if another party caused a collision. You should never blame anyone, including yourself, for causing the accident until your lawyer and law enforcement complete their thorough investigations. Remain at the scene of the accident and start following a few helpful tips.

Contact Law Enforcement
Even if an auto accident appears to be minor, you still want to notify local authorities about the incident. For a serious auto accident, contact 911 to receive immediate medical care. For all other car crashes, contact the nearest law enforcement agency, which might be a state patrol office or a municipal law enforcement agency. When law enforcement concludes its investigation, ask for a copy of the incident report to take with you when you meet with one of our personal injury lawyers.

Gather Evidence
You can help out your personal injury attorney by taking photos of the accident scene. Photographs of the damage done to your vehicle, plus any other type of property damage strengthen your insurance claim. Write a short report that documents license plate numbers, the time of day when the accident took place, and the names and contact information of every witness. You also want to include a description of the road conditions at the time of the crash, as well as any road hazards that might have played a factor in causing the car accident.

Contact a Morgan & Morgan Car Accident Lawyer
You want to meet with one of our highly-rated personal injury attorneys as soon as possible after an auto collision. The legal counsel sitting across from you during the first meeting establishes a game plan to follow when the time comes to file an insurance claim. You want to meet with a lawyer before contacting your insurance company to learn how to discuss the accident. One of the points your attorney emphasizes is to never admit fault for causing the vehicle collision. The official police report includes a section that discusses which party or parties should assume blame for committing one or more acts of negligence.

If you want to know the most important buzzword you need to know when interacting with your insurance company, the buzzword would be “cooperation.” Just because you do not admit fault does not mean you do not cooperate with your insurer. Report the facts associated with your case that include evidence, witness accounts, and the official police report. Your insurance company reviews all the facts before deciding whether to assign you to blame for causing the accident.

After discussing your case with your insurance company, the time has come to file a claim for compensation to cover your financial losses. Working closely with your personal injury attorney ensures you file the most convincing insurance claim possible. Your legal counsel calculates the value of your financial losses, which can include compensation for pain and suffering. Having a highly-rated lawyer from Morgan & Morgan supporting you during the claim filing process ensures you file an accurate and persuasive claim for compensation, as well as file your claim before the deadline.

One of the most important reasons why you ask the question, “Is a car accident my fault” involves determining whether your insurance rates rise. If law enforcement assigns you the blame for causing an auto collision, you can expect your annual premium to increase. According to a Forbes Advisor’s analysis completed in 2021, the average rate of an increase in car insurance rates is 41 percent for drivers that have a clean operating record. The seriousness of the auto accident coupled with the percentage of legal liability assigned to you represents the two most influential factors in determining how much your auto insurance rates rise.

You might have to live with higher auto insurance rates for up to five years after a car crash. However, you can lower your rates by shopping around, asking for a discount, and completing a defensive driver class.

Before you take any type of action, you should meet with one of the state-licensed car accident lawyers at Morgan & Morgan. An attorney can help you discover which party should assume some or all of the blame for causing an auto collision.

Schedule a free case evaluation today to learn more about answering the question, “Is a car accident my fault?”