Those who have been injured in a car, truck or motorcycle accident know how difficult it can be to deal with insurance companies. From property damage claims to injury claims and wage loss claims, insurance companies are notoriously slow in making payments. This is especially true in cases where the accident was the fault of more than one party. An insurance company will investigate the accident and determine whether fault will be apportioned among the parties, including its own insured driver.
For example, let’s say a driver speeds through an intersection with a traffic light and strikes a driver who had inched into the intersection, trying to turn left. It’s rush hour and with the heavy traffic, it’s difficult to determine who was at fault for the accident. Was it the driver who sped through the intersection trying to avoid the red light or the driver who was already in the intersection trying to turn left? In a situation like this, absent an eyewitness, liability will be allocated to both parties. In other words, both parties will share some liability for the accident.
Liability becomes an issue when making a property damage claim and if one or both of the parties are physically injured in the accident and need to make an injury claim. If you are at fault for causing a car or motorcycle accident and need to make a property or an injury claim, the amount of the claim may be decreased by the portion of your fault.
Using the example above, if you are the driver who sped through the intersection, you may be assigned 10% or 20% of the fault. For the property damage claim, the amount you receive to pay for the damages to your car may be decreased by the portion of your fault. Similarly, if you must make a claim against the other driver to recover for the injuries you sustained, the financial compensation you receive may also be decreased by your portion of fault, 10% or 20%. Learn more about assigning fault in a car or motorcycle accident in Pennsylvania.
Related Legal Articles:
- Three Common Motorcycle Accident Scenarios
- Investigating Pennsylvania Motorcycle Accident Cases for Liability Beyond the Other Driver
Pennsylvania & New Jersey Car & Motorcycle Accident Lawyers
For more information, contact our Pennsylvania and New Jersey car and motorcycle accident lawyers at 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
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