two people arguing who is at fault over a car accident

When both parties involved in a car accident state the other is at fault, a third party must then determine fault. In these cases, insurance companies will determine the fault after the facts are presented along with evidence from the accident. How do they determine fault and what factors affect it?

How do Insurance Companies Determine Fault?

two people exchanging insurance after a car accident

First, insurance companies will gather testimony, pictures and any other relevant evidence to best retell how the accident occurred. Insurance companies will then assign each party a percentage of fault. The insurance adjusters will refer to state laws to best define who was negligent.

Each case presents its own set of unique circumstances that must be weighed in on. For example, there may be a driver who is 60% at fault while the other is at 40%. In the settlement, the 60% at fault driver’s insurance would pay 60% and the other driver’s insurance would cover the additional 40%. In a completely different case, the insurance company of the driver who was most at fault would pay the entire settlement. Individual policy differences apply.

What Factors Affect Fault?

One of the most significant factors is the police report. Within this report, one of the parties may have been cited for the accident. Insurance companies would take this information very seriously. Photos of the property damage and your physical injuries also plays as a big factor in determining fault. Witness testimony from those who saw the accident occur would be a good source as well. Of course, if either side admitted fault, that would also be taken into consideration.

What are Rhode Island’s Negligence Laws?

Each state has its own set of laws that determine negligence. Rhode Island is a comparative negligence state. This means that a portion of the fault attributed to either side will affect the settlement outcome. For example, if one driver was 95% negligent, and the other was only 5% negligent, the 5% negligent driver would only receive 95% compensation. There are, however, situations where a driver is 100% at fault where percentages would not be a factor.

Contact a Knowledgeable Rhode Island Car Accident Lawyer

Knowledgeable Rhode Island Car Accident Lawyer

The particulars of a car accident case can sometimes make things complicated. It is for this reason that hiring a proficient Rhode Island Car Accident Lawyer is to your benefit. Our firm has 30 years of experience in these cases and we will use all of that acquired knowledge in your case. We will help you to get the most compensation for your medical expenses, lost income, pain and suffering and other losses. Call us toll-free 24/7 at 1-800-992-6878 or fill out a contact form online for a free (no obligation) case evaluation.

Author Photo

Paul d’Oliveira

Attorney Paul d’Oliveira has been practicing personal injury and disability law for over 30 years. He started his personal injury law practice in 1989 with two offices in Fall River, MA and East Providence, RI. Today his firm has 15 offices in RI and Southeastern, MA.

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