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When Does Fault Matter in a Car Accident Claim?


Admin - July 10, 2019 - 0 comments

Car accident claims are typically made when a driver is injured at the negligence or recklessness of the other involved drivers. When making claims, it is common practice that the driver who caused the incident pay damages or medical bills of the injured party. With that said, however, there are some insurance policies that do not follow that practice.

These are called no-fault claims. A no-fault claim is an insurance policy whereby both parties involved in a motor accident are compensated by their respective insurance companies — regardless of who caused the accident. There are some common misconceptions around this insurance policy, though, which should be noted. A no-fault claim does not mean that nobody is at fault or that the person found at fault will not face consequences, because there are financial consequences for accident causers. However, it simply means that the person who caused the accident will not be required to pay for damages, be them property damages or personal damages. The person deemed to be at fault may, however, face more charges on their next insurance payment. The extra amount charged is determined by Fault Determination Rules.

At-fault insurance is not traditionally used in parts of Canada like Nova Scotia, Quebec, New Edward Island, Brunswick Prince, and several other provinces. But there are at-fault scenarios, listed in the Fault Determination Rules, that your insurance company will use to determine who in a car accident is at fault and to what extent. This measurement is usually expressed as a percentage, with drivers being anywhere from not at fault to 100 percent at fault.

Fault matters in an accident claim, but it doesn’t affect making or receiving settlements for claims. It does affect the insurance premium of the faulted party. If you have been injured in a car accident that you didn’t cause but are being faulted for, you should contact injury lawyers who specialize in car accident law like those at the Preszler law firm. For more information, you can check out the following link: preszlerlaw-ns.com.

You should keep in mind, however, the types of actions or scenarios that constitute fault and in some cases, 100 percent fault.

Rear-end collisions

When two vehicles are going in the same direction on the same lane and the vehicle behind strikes the one in front, the vehicle in front is not at fault. The one behind, on the other hand, is 100 percent at fault.

Side collisions

If vehicle A is leaving a parking lot and entering a road when it collides with vehicle B which was passing the parking lot, vehicle B is not at fault whereas vehicle A is 100 percent at fault.

Additionally, if vehicle B collides with vehicle A at a controlled access point when vehicle A is entering the road, then vehicle A is 100 percent at fault and vehicle B is not.

Collisions involving more than two cars

If three vehicles A, B, and C are moving in the same direction on the same lane with vehicle A being ahead, vehicle B in the middle, and vehicle C being in the rear, and a collision occurs, perpetuated by vehicle C and causing a collision between vehicles B and A, then vehicle C is 100 percent responsible for the collision between vehicle C and B, vehicle B is 50 percent responsible for the collision between vehicles B and A, and vehicle A is not at fault for any of the collisions.

If vehicle C is the only one in motion, in the instance where vehicle A and B are parked, then vehicle C is 100 percent at fault for all collisions, and vehicles A and B are not.

Some other scenarios include driving while distracted, disobeying traffic signs, and laws and driving while under the influence of alcohol or drugs. But no matter what instigated the accident and what the situation was, if you were injured at the fault of another driver, contact a personal injury lawyer as soon as possible, as you may be entitled to compensation for your injuries.

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