After an accident, it’s up to insurance companies to determine who is liable for payment. This liability, as well as the legitimacy of your auto repair claim, is decided by establishing fault. Explore how insurance companies assign fault to determine if your case is being handled fairly.
- Fault Basics: “Fault” is a legal term that refers to the negligence that caused a collision. Typically, the person who is at fault in the accident is also liable for the other person’s harms. These harms may be measured in terms of personal injury, vehicular damage, or a victim’s inability to work. Regardless, the insurance company of the person at fault is then obligated to pay a successful claim. Drunk driving and other examples of gross negligence make it easy to determine fault, but most insurance claim scenarios are much more complex.
- Fault Assignment: Most vehicle collisions involve some level of fault from both parties. As a result, fault is divided between parties on a case-by-case basis. This principle is known as “comparative negligence.” Once fault is assigned, each insurance company will be responsible for its policyholder’s percentage of the claim. If a client was found to be 80% responsible for a collision, then the clients’ insurance company would have to pay 80% of their auto repair costs.
- Fault Assessment: Fault is determined by negotiations between insurance companies and personal attorneys. Numerous factors are taken into account when determining what percent of fault is assigned to each party. State laws, for example, determine if a party was driving recklessly prior to the accident. In addition, police reports and witness testimonies add weight to fault claims.
Contact Hubler Express Collision after working with your insurance company. We always perform high-quality auto repairs at fair prices. Call us at (866) 246-2129 to learn how we can restore your vehicle back to normal.