How Is Fault Determined for Car Accidents?

Jan 28, 2020

How Is Fault Determined for Car Accidents? | AICA Orthopedics Determining who is at fault in a car accident is based on the evidence and facts presented after the accident has occurred. The more evidence, documentation, and outside support presented in your favor, the better.

Your health should be your very first priority after an accident. An accident doctor in Atlanta is equipped to help you recover from injuries suffered during a car accident.

If you are the victim of an accident, you are entitled to receive proper medical care for injuries sustained such as concussions, whiplash, fractures and the like, as well as compensation for damages, loss, and medical bills. But you will first need the insurance company to find fault with the other driver involved.

Consider all the factors involved in determining fault in a car accident to know exactly how an insurance provider will determine fault.


In general, most insurance companies consider negligence when determining who is at fault in an accident. How negligence is determined can vary from state to state.

Comparative negligence is when states assign a percentage to the accident. In this instance, you would be able to file for compensation even if you are determined to be partially at fault. You can seek damages for the percentage that the other party involved is determined to be at fault.

Modified comparative negligence is similar to comparative negligence except for you are only allowed to file for compensation if you are determined to be less than 50% at fault. You are not entitled to anything if determined to be 50% or more at fault for an accident.

States that operate under pure contributory negligence are states that have an “all-or-nothing” policy. In order to recoup damages, you must be found of fault at all. Even if you are only found to be 10% at fault, you would not be able to seek compensation. You would need to be completely blameless such as being struck by another driver while parked legally.

Proving Fault

Documentation and evidence in your favor are essential for proving fault in order to submit a claim to insurance companies for compensation.

After an accident, it is always a good idea to call the police. A police report detailing the accident can be key to proving your innocence and helping insurance companies determine fault.

For further proof, be sure to have your own documentation. Take notes and pictures of the accident. Get all the necessary information for all drivers involved and witnesses that saw the accident occur. The more you have, the more you can support your case for compensation.

Another thing to remember when you are involved in an accident is to never admit any fault on your part. Avoid saying phrases such as “I’m sorry”. Only state the facts as you remember them. Even if you believe you may have been partially at fault, let the insurance company do the legwork and objectively reach a conclusion.

There could be other factors at play that you know nothing about, but the authorities and insurance companies have more experience handling.

Contact Insurance Companies

Another step to take after a car accident is to contact both your insurance company and the insurance company of the other parties from whom you are seeking compensation.

Contact your insurance company to report what happened. This helps establish your good faith accident reporting efforts and can aid in your favor if the other party involved denies any responsibility and forces you to make a collision claim.

Also, contact the insurance company of the other parties involved to let them know you have been involved in an accident with one of their policyholders. They will again ask you to tell what happened. Relay only the facts about the accident.

The insurance company will conduct their own investigation separate from law enforcement to determine who is at fault, so be sure to be as factual as possible when answering their questions.

In addition to seeking compensation for damage that occurred during a car accident, you will more than likely have medical needs as well. Insurance companies will cover both damages and medical expenses if the other driver is found to be at fault.

You will want a reputable injury doctor that can treat your injuries and help you make a smooth and full recovery after being involved in an accident. At AICA Orthopedics, our injury doctors have experience and knowledge with all types of car accident injuries and are here for you. If you have been involved in an accident, don’t hesitate to call us to receive the very best in care after a car accident.


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