Accidents happen, so what happens when it is your fault? The good news is you can still be eligible for compensation even though the blunder was on your end. Chances are, you may be able to seek compensation for your damages depending on your state and level of fault.
It’s quite normal to be feeling anxious about what’s to come, but there may be no need to panic just yet. As long as you’re sure to contact your insurance company as soon as possible in the aftermath of an auto accident, luck may be on your side.
Here’s How You Can Still Receive Compensation After An Auto Accident Even If It Was Your Fault:
First off, If you live in a fault state and any injuries are involved, the person responsible will hold liability. The injured driver would need to file a claim with the insurance company of the other driver to pay for losses.
In a no-fault state, each driver is responsible for covering their own losses through their insurance company. Neither of the parties would need to prove any negligence in order to be covered.
In the car insurance world, negligence indicates a fault. If you’re considered the negligent driver, the fault is obviously on your end. However, it depends on what type of fault category you fall under. There are three types of negligence where each are defined differently by state:
- Pure contributory negligence
If you fall under this type of negligence, the insurance company will only compensate a driver if you are completely blameless in the auto accident. If for any reason that even a small amount of blame can be proven on your end, you are not eligible for the payout. This type of negligence is only available in Alabama, Maryland, North Carolina, and Virginia.
- Pure comparative negligence
With this type of negligence, a driver’s payout is determined by the percentage of fault. The percentage varies by the insurance company where determining the exact percentage can be a headache. Pure comparative negligence is available in twelve states where three are no-fault states: Florida, Alaska, and California.
- Modified comparative negligence
Available in more than 30 states, this type of negligence sets a threshold at about 50 % or 51% also known as the 50% rule. For instance, you would need to be responsible for less Than 50 % of the accident in order to be eligible.
Losses That May Qualify For Compensation:
Having a great insurance company helps when you’re involved in an accident especially when you’re at fault. However, keep in mind that this does not mean they can always cover the losses in their entirety. For instance, if the other driver suffers from serious injuries as a result, you could face a lawsuit. In addition, if you are taken to court for more than your policy covers, then you could be responsible out-of-pocket.
Here are some types of losses that the other driver can be covered for by your insurance company:
- Prescription Medication
- Vehicle Damage/Repairs
- Lost Wages
- Pain and Suffering
Although it may be your fault, it’s not the end of the world. Your best bet is to take a deep breath and start taking the proper steps moving forward. Whether you are at fault or partially at fault for an auto accident, it is highly recommended to contact your local auto accident attorney to handle your case.