An at-fault accident is defined as the accident for which you or your insurance company will be responsible for paying the damages. This will often impact your insurance rates if it turns out that you were the driver at fault for the accident.
Definition and Examples of At-Fault Accidents
An at-fault accident is an accident caused by the driver. It can occur due to an action taken by them or because they failed to take some action.
Rear-End Collision with Another Vehicle
You may have been driving aggressively or following too closely if you rear-ended the vehicle in front of you. Insurance companies often assume that the fault lies with you when this occurs.
Driving Under the Influence of Alcohol
This will raise a lot of doubts about any statement you provide regarding your accident if you were driving under the influence of alcohol or are found to be intoxicated. Driving under the influence of alcohol is an extremely dangerous practice and will result in an immediate increase in your insurance rates. Your license can also be suspended in 42 states if you receive a DUI or DWI.
Failure to Obey Traffic Signals
If you do not comply with traffic signals and ignore signs, signals, or directions, you will be suspected of committing a “moving violation.” There are many types of moving violations, including running a red light, failure to yield, running stop signs, and driving the wrong way down a one-way street.
Using a Mobile Phone While Driving
Using your mobile phone while driving is not illegal in all states, but texting while driving is banned in 48 states and the District of Columbia as of 2021. You may not necessarily be responsible for the accident if you were using your phone at the time of the accident, but you should be honest when telling the police what you were doing when the accident occurred.
How Does At-Fault Accident Insurance Work?
Insurance companies determine who is at fault for the accident by relying on the concept of legal negligence. This means that you failed to act in the way a reasonable person would act if faced with the same situation.
Your insurance company may use “comparative negligence” to assign a percentage of fault to each driver involved in the accident, or they may assign “contributory negligence.” The amount you receive may be reduced based on your contribution to the accident.
Every state is unique, but insurance is fault-based in most states. States where this applies are also known as “tort” states.
The insurance company of the driver at fault for the accident pays for repair costs, medical expenses, and other costs in tort states. The insurance pays for the medical expenses of the insured person, up to a certain amount in states that do not require that. Property damage is covered by the insurance of the driver at fault for the accident.
What Does It Mean If You Are in an At-Fault Accident?
The best way to avoid being at fault for the accident is to comply with the law and drive safely. However, you may sometimes be accused of fault. You may make a decision in a split second that turns out to be wrong.
The best thing you can do if you are in an accident or collision is to not admit fault at the scene of the accident. Take pictures of the damage and exchange insurance information. Wait for the police to arrive. Then provide an honest account of what happened.
An insurance investigator will review your side of the story, along with the police report and the other party’s account of events and damages incurred. They will then decide who was at fault for the accident.
The type of insurance you have will play a significant role in what happens next if it turns out that you are at fault for the accident. Bodily injury liability coverage helps pay for medical expenses for you and anyone else in your vehicle and the other driver. Collision coverage pays for repairing the vehicle.
Make sure
Understand the minimum insurance requirements in your state. You’ll want to have full coverage for personal liability and property damage if you are found to be at fault for the accident. You can be sued for additional costs if your insurance does not cover damages to people or property when you cause an accident.
Sometimes you can’t avoid the accident. Your insurance rates often go up when that happens anyway. But there are steps you can take to avoid being the cause of an accident. Put your phone aside while driving. Avoid using alcohol or drugs that may affect your ability to drive well. Follow all legal and safety laws on the road.
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Source: https://www.thebalancemoney.com/at-fault-accident-527313
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