The Question of Financial Liability In a Car Accident Car accident injury evaluation also hinges on medical record review. This blog discusses financial liability involved in a car accident.
Automobile accidents continue to be a serious concern, causing considerable property damage and serious injuries. Just as other personal injury cases, car accident injury evaluation also hinges on medical record review to understand the nature of the injury and its severity. The NHTSA (National Highway Traffic Safety Administration) reports that the most common types of car accidents are rear-end accidents. These are most commonly caused by distracted driving by people who are preoccupied with their phones, electronic devices, GPS units and so on. Typically, the person who rear-ends another motorist will be held liable for the accident, though there may be exceptions to the rule. The best thing drivers can do is to leave a safe distance between themselves and the vehicle in front of
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them. This will help prevent rear-ending in case the car ahead brakes suddenly or stops. A car accident can result in heavy financial liability and this can increase in the absence of insurance coverage for the motorists. Injured victims may not be able to engage in their routine jobs, which can worsen the situation. In a car accident, four basic levels of common law apply. These are: •
Negligence – careless behaviour that causes harm or damage to another person/property
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Intentional misconduct – intentional neglect for the safety and wellbeing of others
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Recklessness or wanton conduct – carelessness or wayward behavior that results in harm to another person or property
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Strict liability, irrespective of the fault – this is for accidents that involve certain defective products or activities that are extremely hazardous, for instance accidents that involve a vehicle carrying highly inflammable materials.
In the United States, most states are “fault” states when considering financial liability for a car accident. In other words, the person who is the guilty party for the crash will be held liable for the damages of other drivers, passengers or others harmed in the accident. Damages include vehicle damage, lost wages, medical bills and pain and suffering. On the other hand, in “no-fault” states, car insurance laws require vehicle owners to carry personal injury protection (PIP) or such other forms of coverage. Once the insured person is involved in a car accident, this type of coverage starts and pays for medical bills and other economic losses suffered by the insured and others covered under PIP, regardless of who was at fault for the accident. Typically, only in some limited instances, the at-fault driver can be sued in a no-fault car insurance state. If both parties involved in the accident are equally at fault, both may be able to collect damages. If one of the drivers is found to be proportionally most at fault, or 51% more responsible, they cannot collect damages. Also, his/her insurer will be
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liable for compensating the injured victim. If an injured person is less than 50% responsible for the accident, he/she can collect compensation for the injuries or damages suffered. The amount of compensation will be based on the percentage of fault. The percentage of fault is determined by the insurance company claim adjuster. Typically, in rear-end collisions and left-turn side impacts, liability is placed on the specific drivers. Exceptions exist in such cases – for instance, multivehicle accidents that forced you to hit another car, or another car’s broken brake lights that caused you to hit the car. What are the economic impacts of car accidents? Insurance rates may increase, when insurance companies raise a driver’s insurance rates even if the other motorist was at fault. Medical bills for medical services, follow-up treatments and rehabilitation services can be very expensive and this will increase in case of surgery, ongoing care, or hospitalization. Insurers may pay for the cost of repairs only if the cost to repair the car is less than the car’s actual value. An accident can be financially draining on a family if the injured person is the main breadwinner and cannot go to work and earn wages. In any car accident, certain steps can be taken to reduce the financial burden by clearly understanding who is at fault, and obtaining the due compensation. Car injury lawyers would help their clients by collecting the required proof to determine who caused the accident, secure witness testimonials, take pictures of the accident scene, review each vehicle’s insurance policy, communicate with the insurers, collect all records relevant to the accident, and negotiate a settlement if necessary. As providers of medical records services to car injury lawyers, we know that for a successful outcome of a vehicle injury case, it is best to consult a legal representative immediately after the accident. The percentage of fault and liability has an impact on whether or not a person can be compensated. It can also affect the compensation amount.
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