A Guide To Filing A Car Insurance Claim

Guide to filing a car insurance claim
Knowing what to do when you need to file an auto insurance claim can help you avoid some of the headaches and red tape involved in the process.

Liability car insurance is required in most states and for good reason. If you are found at fault for a car accident, you are responsible for the costs to repair or replace any damaged property as well as cover the medical expenses of the other driver and passengers. Without car insurance, you could be liable for tens to even hundreds of thousands of dollars in personal injury and property damage.

If the other party is at fault, filing a car insurance claim is still important. Your vehicle may also be damaged, and you may need medical attention. You will also need to consider factors like needing a rental car while your car is being repaired or replaced or considering how much your insurance policy covers in damages.

Knowing what to do when you need to file an auto insurance claim can help you avoid some of the headaches and red tape involved in the process. It can also help you get a better value for your insurance.  Keep in mind that every insurance company handles its claim process slightly differently, but many of the steps are similar.

What Is A Car Insurance Claim?

A car insurance claim is a request for financial compensation for damages and injuries sustained in an auto accident. Insurance claims cover the expenses after a car accident. If you are liable, claims cover for representation or intervention on your behalf.

After you file the appropriate paperwork, the insurance company usually sends an insurance adjuster to investigate your claim. If the claim is validated and approved, you will receive the financial compensation needed to cover your losses.

To understand how to file a car insurance claim, you must first know the types of coverage offered by most insurance companies.

Types of Car Insurance

There are several types of auto insurance coverage that address different incidents. You can only file a claim if you have coverage for that specific incident in question. Common coverages include:

  • Liability Insurance
    This type of coverage covers the damage to an individual from accidents where you are found at fault. Liability insurance covers bodily injury (BI), physical harm to the other driver or passengers, and property damage (PD), such as a vehicle or structural damage to a building. 49 out of 50 states require some form of liability insurance. New Hampshire is the only state that does not require auto liability insurance.
  • Medical Payments Coverage (MedPay)
    Medical costs can be expensive, especially after a serious accident. Medical payments coverage can help pay those medical costs related to the car accident, regardless of who is at fault.
  • Comprehensive Insurance
    Comprehensive insurance covers damage from events outside the driver’s control, such as impact with an animal or a tree branch hitting your windshield. It can add an extra level of coverage in the instance of an accident involving another vehicle.
  • Collision Insurance
    Collision insurance covers the damage from accidents while driving regardless of who was at fault. Examples of covered incidents may be crashing into another car or hitting a tree. It may help repair or replace the vehicle covered by the policy.
  • Uninsured Motorist Coverage
    Uninsured motorist insurance is similar to liability insurance but covers accidents involving an at-fault, uninsured driver. Typically, when another driver is at fault for your accident, you file a claim with their insurance provider. However, if that driver is uninsured, uninsured motorist coverage would cover any injuries and property damage you sustained due to the accident.

    This type of insurance may also cover hit-and-run accidents. It is most often paired with underinsured motorist coverage.

  • Underinsured Motorist Coverage
    Like uninsured motorist insurance, underinsured motorist coverage is similar to liability insurance, except it covers drivers who are at fault and underinsured. In other words, the at-fault driver’s insurance policy does not entirely cover your expenses. Your underinsured motorist insurance would pay for the remaining damage in this case.
  • Rental Reimbursement Coverage
    Rental reimbursement coverage helps pay for a rental car while your car is being repaired after a car accident. Check with your insurance policy to confirm your coverage limits. Typically, rental reimbursement coverage pays up to a certain dollar amount per day for a set amount of time.
  • Full Coverage
    While there is no standard definition for full coverage car insurance, it typically refers to a combination of the above insurance policies. The exact coverage is customized to the insured’s needs and may include liability insurance, collision insurance, and comprehensive car insurance.

    Some people use comprehensive car insurance and full coverage car insurance interchangeably, but these are not the same. Though a “full coverage” policy does not exist, it is more than comprehensive car insurance.

Steps To File An Auto Insurance Claim

  1. Get to safety and contact the police.
    If damages or injuries result from a car accident, the first thing to do is take care of yourself and everyone around you. Make sure the scene is safe before doing anything else.

    Once you are safe, you should call the police. In Nevada, the law requires you to notify the police about any car accident that causes physical injuries, death, or property damage. Not only is it essential to do so in the case of a serious accident, but a police officer can help you begin the claims process by generating a police report that can be used as part of your claim.

    In a worst-case scenario, a police officer can be there to ensure your safety should the other party become difficult. An officer can also make sure ambulances or emergency services are there to handle any injuries or dangerous conditions, such as fuel leaks or a burning car, at the scene.

  2. File a police report.
    A police report will paint a picture of what happened in the accident and include information to make the insurance claim process much more manageable. If you did not call the police following your accident, you might still be able to go to a local police station to file a report.
  3. Gather relevant information and documentation.
    Filing your claim will be easier if you take the time to gather information at the scene of the accident. First, collect the relevant information from the other driver– name, phone number, license plate, vehicle model and make, insurance company, and policy number. Be sure to gather the contact information, including names, of any witnesses to the accident so your claims adjuster can speak to them if necessary.

    You should also take note of any traffic cameras or store security cameras in the area. Even in neighborhoods, many people now have doorbells that take videos, which can help determine the cause and who is at fault for your accident.

    Record all accident details, no matter how minor, including photos and videos of damage and the accident scene. Many insurance companies now have apps that allow you to take and upload pictures and videos to begin the claims process. Be sure to capture all angles so that the insurance company can see the full extent of the damage done to your property or car.

    Besides evidence of damage sustained during the car accident, take photos and record any injuries from the collision, no matter how small. This includes any injuries your passengers may have suffered.

    Include everything you can remember about what happened immediately before, during, and after the accident. While doing this, do not apologize or accept fault for the accident, and especially do not agree to settle the matter privately. It may affect your ability to file a claim and get approved.

  4. Call your insurance company.
    Once you are safely at home or in a safe place, check your insurance coverage. If you do not have a copy of it in your files, you may be able to access it via your insurance company’s mobile app or website. You will need your policy number to verify your coverage and deductibles. With your policy in front of you, you can start filing your claim if you haven’t already.

    Calling your insurance company will officially initiate the claims process. When you reach your insurer, explain what happened in as much detail as possible. This is where the relevant information and documentation come in handy.

    In the case of an auto accident, your insurance company will try to determine who is at fault. Even if you believe you are not at fault, you should still call your insurer to begin a claim. Ask your agent how to proceed, and any necessary steps you need to take to ensure your claim is processed appropriately. Your agent may ask for a “proof of loss” form, as well as copies of any documentation related to the accident, such as the police report, medical bills, and auto repair bills.

    If you choose to file a third-party claim, that means you choose to file a claim with the other driver’s insurance. The other party’s insurance will require the same information as your own insurance company to determine who is at fault. With this option, you may want to contact an experienced car accident attorney before proceeding.

  5. Don’t wait to file your claim.
    You should file your claim as soon as possible. Every state has different laws regarding how long you have to file your claim, so you should familiarize yourself with these laws. Nevada’s statute of limitations for a car accident claim is two years, whether filed through your insurance or a personal injury attorney.
  6. Work with your claims adjuster.
    A claims adjuster is the person your insurance company assigned to handle your accident claim. The adjuster handles discussions with repair shops, other insurance companies, witnesses, and any other involved parties. They will also investigate your accident, review the estimates for your vehicle repairs, and get your claim settled.

    The claims professional will also review any potential personal injury claims, handle the needed payments, and approve the costs for repairs. For this reason, be sure to provide the adjuster with all relevant information to make sure your claim moves quickly and avoids delays. The more information you provide, the easier it is for the adjuster to help you.

    If there is any part of the process you do not understand, your claims professional should be able to answer your questions. Do not be afraid to ask for an explanation of the process.

    Remember that while the claims adjuster may want you satisfied with how they handle your claim, their first responsibility is to the insurance company. They will want to keep expenses as low as possible. You may consider hiring a car accident lawyer to make sure you get full compensation from your insurance or the at-fault party’s insurance company.

  7. Get your car repaired.
    Depending on your insurance company, the claims adjuster may provide you with several suggestions for auto repair shops. If not, you can usually choose which repair shop you would like to use. When you take your car to the repair shop, be sure to get an estimate and give the information to your claims adjuster. An estimate can also help determine the amount of financial compensation you receive after your claim is processed.

    Suppose you’re in an auto accident, your vehicle is totaled, and you have comprehensive or collision coverage. In that case, you will receive the value of your car pre-wreck in cash from the insurance company. The cost is usually enough to cover the cost of buying a new vehicle of the same value.

After Filing A Claim

The process of filing a car insurance claim is similar across insurance companies, but who pays for damages, coverage costs, and whether you are covered at all vary. This is why it is important to contact your car insurance provider as soon as possible after the accident. They can help you better understand the claims process and your coverage policy.

There is a possibility of your claim being denied. Sometimes, insurance companies can reject your claim based on the nature of the accident or your coverage policy. For example, if there is evidence you violated state law during the accident, your insurance provider can deny you coverage.

If you are not satisfied with your settlement offer, you can negotiate with your insurance provider. You will need all the necessary evidence to support your claim, such as medical records, bills, and police reports. The better your evidence, the more likely you are to receive higher compensation initially or after negotiation.

Insurance companies are interested in their bottom line, which is especially true of the other party’s insurer. The goal of their claims adjuster is to spend as little money as possible. Insurance companies can also make it difficult to negotiate and will use any missteps in the process of filing your claim as evidence against increasing the payout.

Consider Hiring A Car Accident Attorney

Car accidents are traumatic experiences that can have life-altering effects on their victims. The process of filing a claim can be overwhelming and seem nearly impossible after an accident. There are many steps to worry about, including gathering evidence, and you only have a limited time to file your claim. At Dimopoulos Injury Law, we believe the last thing on your mind should be dealing with your insurance company or the other driver’s insurance provider.

You need an experienced, exceptional, and trustworthy team to fight for the compensation you deserve. Our team will gather all the evidence and documentation you need to start the claims process and review this evidence to determine who is at fault. We will also investigate your case thoroughly to find all the damages you’ve endured due to your auto accident.

Dimopoulos Injury Law Firm will take care of the insurance companies so you can focus on your recovery. Our attorneys will communicate with the appropriate parties, including any witnesses and claims adjusters, taking the stress of the claims process off your shoulders. With our team at your side, insurance companies will take your case seriously.

What is distracted driving?

Distracted driving while using cell phone
According to the National Highway Traffic Safety Administration, in 2019, 3,142 people were killed in a distracted driving accident.

Distracted driving is a common cause of car accidents. According to the National Highway Traffic Safety Administration, in 2019, 3,142 people were killed and nearly 424,000 people were injured in a distracted driving car accident. Distracted driving is when the driver’s attention is not on the road in front of them. This could mean they are

  • Texting
  • Eating
  • Reading
  • Looking at the scenery
  • Changing a song on the radio
  • Fixing the temperature controls

Not all of these are illegal, and some may even appear harmless, but they do draw the driver away from focusing on the road. Dimopoulos Injury Law specializes in distracted driving cases. We focus on our clients to ensure they receive the best care after their accident. If you or a loved one are involved in a distracted driving car accident, be sure to contact the best Las Vegas law firm in Nevada. Our excellent lawyers will help any car accident victim receive their entitled compensation. Contact Dimopoulos Injury Law to receive a free consultation.

Greatest distraction: Texting

The greatest distraction when operating a vehicle is using your cell phone. Texting while driving has become the most common cause of distracted driving car accidents. It has also become the deadliest. Using an electronic device while driving qualifies as 3 types of distractions. You lose your visual, manual, and cognitive functions. By texting or looking at your phone, you take your eyes off the road, take one or more hands off the wheel, and you take your mental focus off the act of driving.

Using your mobile device while driving is the top killer because it takes away all of the functions required to operate a vehicle. Currently, Nevada has laws against using electronic devices while driving to prevent further accidents. Remember to put your phone away or only use hands-free devices.

What to Do in a Distracted Driving Accident

When you’re in a car accident, you must be able to prove who is at fault. To do so, you must gather evidence, which includes:

  • Witness statements
  • Your statement
  • Driver statement
  • Police report
  • Photos of the accident
  • And if possible, phone records

Collecting phone records can be challenging due to privacy laws. A lawyer will normally have the means to collect that information and they would be a great help to winning your case. You don’t need to deal with the aftermath of a car accident alone. A personal injury lawyer has the ability to help you receive your entitled compensation.

Distracted Driver Liability

The main point of a car accident claim is to prove the other driver was the cause of the accident and is liable to pay for damages and injuries. Nevada is an at-fault state, which means that the person at fault is liable. For states that are no-fault, your insurance pays for your damages, no matter who is at fault. However, Nevada has a modified comparative negligence law. This state-specific law means that if you are more than 50% at fault, you will not recover damages. They would pay for damages on your car, your physical and emotional wellbeing, and other fees that would accrue as a result of the accident. Dimopoulos Injury Law can evaluate your case and give you the best advice with a free consultation.

Contact Dimopoulos Injury Law— A Distracted Driver Lawyer

If you or a loved one have been in a car accident involving a distracted driver, call Dimopoulos Injury Law. Our law firm is a strong team of attorneys prepared to help you win your case. Our law firm runs on a contingency fee which means that you don’t pay us until we win.

Our combined experience allows us easy access to information that would otherwise be restricted from you such as phone records, medical records, and so forth. Don’t waste your time doing it all alone, we will gladly walk you through each process to ensure the aftermath of your car accident is positive. Set up an appointment for a free consultation today!

Failure to Yield Collision Claims

Failure to yield is a leading cause of traffic accidents
Failure to yield the right-of-way is a leading cause of traffic accidents in Nevada.

A failure to yield is when a driver does not yield to the right-of-way of another driver. When a driver does not yield, they are extremely likely to cause an accident. This is what we call a failure to yield collision.

In Nevada, failure to yield the right-of-way is the leading cause of traffic accidents. They make up about 15% of the country’s accidents. As a driver in Las Vegas, you must always be alert of your right-of-way and those of others. The state of Nevada created Chapter 484B, also known as The Rules of the Road, to define several road laws and when a vehicle, pedestrian, or bicyclist has a right-of-way.

When to Yield to Others

The Rules of the Road have stated that you should yield in these situations:

  • A vehicle that enters an intersection and has no lights or traffic signals first, gets the right-of-way.
  • If two vehicles approach an open intersection at the same time, the vehicle on the right has the right-of-way while the car on the left yields.
  • Follow the traffic signs – stop at stoplights or stop signs, yield when there is a yield sign.
  • Yield for pedestrians walking across designated crosswalks.
  • Vehicles must yield to bicyclists or scooterists. They also must not enter or stop within designated bicyclist lanes except:
    • In an emergency
    • To avoid conflict with other traffic
    • Operating or parking a disabled vehicle
    • In compliance with the direction of a police officer
    • Entering/exiting an alleyway or driveway

Understanding when you need to yield will ensure everyone’s safety. Failure to yield can result in severe injury, heavy fines, or a misdemeanor. There will be instances where someone else does not yield when they should have. If you get into an accident with someone who did not yield, you must be able to prove that you are not at fault. In certain situations, who had the right-of-way will not always be obvious. Make sure you take plenty of photos and call the police to file a police report. Before talking to your insurance company, contact an accident lawyer to pursue your entitled compensation.

Failure to Yield Accident Causes

These types of accidents are often caused by someone not paying attention to the laws of the road or to their surroundings. This can mean the person was texting or on the phone with someone, eating, drinking, driving under the influence of drugs or alcohol, or they may just be inexperienced. Any of these situations may be the cause of failing to yield to any traffic signals or laws. Failure to yield accidents are caused by many different circumstances.

Las Vegas, Nevada takes failure to yield accidents very seriously and if someone is found guilty of yield failure, they are issued a minimum $350 dollar fine along with a misdemeanor and points on their driving record. If a person reaches 12 or more points in a year, the DMV will suspend their license for 6 months. For more information on the Nevada demerit point system, check out the Nevada DMV website for a list of codes.

Searching for a Personal Injury and Car Accident Attorney

Dimopoulos Injury Law is an experienced personal injury and car accident law firm prepared to protect your rights and give you the proper advice you need for a personal injury claim. Personal injury is not limited to medical bills, but also includes lost wages, vehicle repair costs, emotional or mental pain, long-term physical suffering, or loss of life.

If you’re unsure how to receive your entitled compensation, contact Dimopoulos Injury Law today! We operate on a contingency fee, meaning that we don’t take any fees from you unless we win your case. With over a decade of experience, we’ll give you the best advice possible. It’s never too late to fight for your coverage. Schedule a free consultation at any time by calling 702-800-6000.

Police Reports After Car Accidents

Police report after a car accident
A police report makes proving your case to insurance companies or lawsuits a lot easier.

When you’re in a car accident in Las Vegas, Nevada, other than ensuring you and/or passengers are well, one of the first things you should do is call the police. If you call the police, even if you are in a minor accident, the officer will create a report to document what happened at the scene. Their reports usually contain driver statements, all drivers’ license information, witness statements, and insurance information. A police report makes proving your case to insurance companies or lawsuits a lot easier. It’s important to get this document as soon as you can because it will allow you to receive your entitled financial compensation in the event you’re in a lawsuit.

While you may have the police report in hand, it is important to note that insurance companies will be the ones to determine who is at fault for the accident. The police report gives them the information needed to determine who is at fault while they conduct their own crash investigation. Police reports do not place liability on any person, but they will likely say who the officer believes to be at fault. Don’t fret if you are believed to be at fault. The reporting officer is usually not a direct witness and thus can’t say what happened for sure. The document is simply a summary of the accident. This is why photos are so important to collect in your case. Photos make it easier for all investigating parties to determine what happened.

It is still imperative that you receive your police report because it allows your accident attorney to know what the police believe happened. If it is believed to be your fault, your attorney will be able to create a plan of action based on witness accounts and evidence supporting their claim. Your attorney wants to help you! The police report is the first step to getting your entitled compensation.

How to Find Your Police Report

While the police officer is taking your information and statement, give them your contact information. When you’re able, ask them when you can expect the accident report to be ready so you can pick it up. The pickup date will vary and depending on the department, you may be able to collect the report online. Sometimes the pickup date is a few days from the accident, other times it can be a month. Check-in with the police department around the estimated time to see if the report is available. If you’re unable to receive your police report online or through the police within the appropriate timeframe, you may go to your local DMV. They will tell you how to get a copy of your accident report.

Contact Dimopoulos Injury Law

Car accidents are already a headache to deal with alone. Contact Dimopoulos Injury Law for a free consultation and a helping hand to negotiate with the insurance companies and any potential lawsuits. We’ll gladly review your case to let you know how we can help you. We operate on a contingency fee, which means that you don’t pay anything unless we win your case! There are many ways your case with insurance companies or lawsuits can go wrong. Call us today at 702-800-6000 to build a proper strategy with your claim.

Auto Accidents in Nevada: Saferoads Report 2021 Summary

The Safety Report discusses transportation safety and what actions should be taken to prevent increased accident rates.

In 2020:

  • Fewer people wearing seatbelts because roads are emptier
  • People going at increased speeds because of emptier roads
  • Driving impaired or distracted
  • “The 2021 Roadmap of State Highway Safety Laws from Advocates for Highway and Auto Safety (Advocates) outlines clear, confirmed and consistently proven countermeasures.”

In 2019:

  • 36,000 people were killed in motor vehicle crashes – leading cause of death for people in U.S.
  • 7 million police-reported crashes
  • 2.7 million people were injured
  • 10,142 deaths from crashes involving a drunk driver
  • In crashes involving a distracted driver, 3,142 people were killed— a 10% increase from 2018

Changes Needed in 2021 to Impact Accident Rates

State laws have a direct impact on safety behavior. The statistics demonstrate a lack of or missing proper laws. The Safety Report has determined that an additional 390 laws need to be signed across ALL states and Washington DC to meet the Advocates’ recommendations.

In 2021, the Advocates hope that by outlining specific federal laws that should take place and implementing specific solutions on a state level, the safety rating and crash statistics should improve drastically.

Advanced Vehicle Safety Technology

The Safety Report has determined that advanced technology that has helped avoid or lessen crashes be standard production rather than an add-on to a vehicle. Automatic emergency braking (AEB), lane departure warning, (LDW), and blind-spot detection (BSD) have all made a dramatic impact on crash rates. AEB has reduced accidents by 56%, LDW by as much as 20%, and BSD has reduced injury crashes by 25%. AEB and forward collision warning has also prevented large truck accidents by 44% and 41%, respectively. Headlights are also in dire need of improvement as nighttime visibility is a safety concern.

Automated Enforcement and Autonomous Vehicles

The Report has also determined that automated enforcements such as red-light and speed cameras are effective against running red lights and speeding. Controlling speeding has proven to be difficult but automated enforcement has reduced fatal red-light crash rates by as much as 21% and fatal crash rates at intersections by 14%. Over the last 25 years, increased speed limits have killed 37,000 people.

Autonomous vehicles (AV) have the opportunity to drastically reduce life-altering crashes, deaths, and injuries, but they must meet minimum performance requirements and several oversights. Advocates have recommended federal action, regulations, and safeguards to protect the general public. At this time, there is understandably some concern with automated vehicles. There have been multiple crashes that involved cars equipped with autonomous technology and there are laws that need to be implemented to make sure the driver and passengers are safe. A few recommendations mentioned in the report include proper restraints of the occupants in the event of a crash and that if the driver takes over the wheel while the car is driving automatically, it must have certain measures in place.

There are many other changes The Safety Report mentions. Each problem has killed thousands of people and with the recommendations of the safety report, it is hoped that these preventative measures will reduce injuries and fatalities.

Changes the safety report mentions are

  • Impaired Driving—Technology has the ability to prevent and detect impaired driving and should be required in all vehicles. This could prevent 9,000 deaths each year.
  • Large Truck Safety—Trucks have killed as many as 5,000 people which is a 48% increase compared to 2009. 159,000 were injured in 2019 and injuries sustained by truck drivers have increased by 18%. AEB and speed limiting devices would serve well to prevent many of these deaths. The Department of Transportation has ignored several other safety advances such as basic driver training and screening for sleep apnea. Meanwhile, many of these technologies are already implemented in the European Union.
  • Pedestrian and Bicyclist Safety – Pedestrians and Bicyclist fatalities have reached their highest peaks in the last 30 years. There are several advancements the National Transportation Safety Board wishes to make – most of which are common sense advancements to protect vulnerable people. These include safety standards for vehicles in the hood and the bumper to reduce impact severity and vehicle avoidance systems. Other changes are road safety infrastructure to protect bike lanes and pedestrians alike.
  • Rear Seat Safety – In 2012, Congress passed a law directing the Department of Transportation (DOT) to require rear seat belt reminders in all vehicles by 2015, but in 2021, it still has not been done. Many rear seat deaths are caused by a lack of a seatbelt. Infants and children are also left alone in the backseat far too often. The safety report states that “detection and alert systems are available and affordable that can indicate when a child is left unattended”. These can prevent children from dying of hypothermia or severe heat.

Nevada Transportation Laws

Currently, Nevada is in the red zone based on the number of safety laws Nevada has passed in 2020/2021. This indicates that the state is dangerously behind in adopting the recommended safety laws to prevent death and injuries. In 2019 alone, there have been 304 deaths as a result of a motor vehicle crash and a total of 2,910 fatalities over the last 10 years. If Nevada wishes to be in the green and prevent further deaths, there are specific laws needed. Most of these involve Graduated Driver Licensing and stronger child protection laws. They need a minimum age requirement, stronger supervised driving requirements, nighttime restrictions, passenger restrictions, and higher cell phone restrictions. Nevada also needs a booster seat law, rear-facing through age 2 law, and a seatbelt enforcement law for child and standard passenger protection.

To read a further detailed report on the safety laws required, read the full 2021 Roadmap of State Highway Safety Laws written by the Advocates of Highway and Auto Safety.

Dimopoulos Injury Law works hard to update the public on potential changes to Nevada law. We want everyone on the road to be as safe as possible. If you’re involved in an accident, contact us to receive a free consultation. Our experienced team of accident lawyers will work with you to ensure you receive maximum compensation for your injuries.

Key Aspects of Nevada’s Fault Law

Auto accidents occur every day. If you or a loved one suffer an injury in an accident that is not your fault, it may be possible to seek compensation through an auto accident claim.

Proving fault is an essential part of the claim process. There are a few key aspects to understand in regard to Nevada’s fault law.

Fault vs. no-fault

Different states abide by either a fault or a no-fault law. Those states that use a fault law require auto accident claimants to prove that the defendant was at fault for the accident that resulted in the injury and damages. On the other hand, states with a no-fault law direct claimants back to their own insurance to address accident claims, essentially holding no one at fault. The state of Nevada uses the fault law.

Key considerations

In establishing fault, the court considers a few key factors. Some of the main ones include:

  • Police reports
  • Admission of fault
  • Witness statements
  • Weather conditions
  • Drivers’ speed

Comparative negligence

When determining the claim award amount, modified comparative negligence may play a role. Simply stated, modified comparative negligence considers the claimant’s contribution to the incident and decreases the award by the percentage of fault that the claimant carries. For example, if the determination is an award of $200,000, but the claimant was responsible for 15% of the accident, the award that the claimant actually receives would equal 85% of the award amount, or $170,000. In cases where the court finds that the claimant is more than 50% responsible for the incident, the claimant does not receive an award amount.

Understanding the fault law may aid parties in determining a course of action in regard to their case. It may also be beneficial to consult with a professional and review the personal fault law.

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