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Determining Fault In A Car Accident

When it comes to car accidents, one of the hardest things to determine is liability for the accident. Determining who pays for accidents in car accidents is known as “fault” in legal parlance. There are different factors that will dictate if you are at fault in an accident where you got involved. According to the website of Habush Habush & Rottier S.C.®, there is an expectation that your insurance provider will pay a portion of your claim. But as mentioned, certain circumstances will determine your liability in a car accident.

Generally, the determination of liability is based on motor vehicle statutes than common law. The car insurance sector has lobbied state legislatures to base liability on motor vehicle statutes than on the traditional common law definition of fault. For this reason, it is much easier for insurance providers to challenge fault and liability when there is violation of traffic laws involved. So a car driver who has no liability insurance may find it difficult to collect damages even if there was partial negligence on the part of the motorist.

Common Law

In common law, there are four basic levels of fault:

  1. Negligence. Negligence is defined as the careless or inadvertent behavior that caused harm or damage to another driver. Not yielding to the right of way or beating the red light is an example of negligence.
  2. Reckless or wanton conduct. This is the willful disregard for the safety or welfare of others.
  3. Intentional Misconduct. When it comes to intentional misconduct, it is so easy to determine fault. Drunk driving is an example of intentional misconduct.
  4. Strict Liability. This may be imposed even without fault if the accident was due to accidents that involved certain defective products or extra hazardous activities.

State Laws

Different states have passed several laws that regulate the manner by which drivers should operate their cars in public roads. Some of these laws are codified versions of common law while others were results of legislative act. These laws always generally carry a presumption of negligence. For instance, since motorcycle riders are required to wear helmets, non-wearing of these safety accessories is a negligent act.

In proving fault based on state laws, it needs to be proven that the negligent act was not the proximate cause of the injuries. So while the non-wearing of helmet may have caused serious injuries to the motorcycle driver after being accidentally sideswiped by a car, there is also negligence on the part of the motorcyclists who did not wear the helmet.

In explaining proximate cause with respect to the motorcycle accident, the helmet would not have prevented the accident from happening but would have limited the injuries. In this case, the car driver may not be held liable for the brain injury of the motorcyclist.

After Falling Victim to Insurance Bad Faith

Reaching financial stability is a remarkable achievement and so most adults do the intelligent thing: have insurance. It is a necessary precaution as some circumstances cannot be avoided like natural disasters or unprecedented accidents. As a policyholder, you might feel yourself secure should the worst, perish forbid, happen to you.

But what should you do when your insurance provider doesn’t quite deliver what it promised, sending you into an even worse financial state? You need not fret as there is something you can do about it! According to the website of Pohl & Berk, one option that is available to you is filing a claim that you have been made a victim of insurance bad faith.

Should an insurance provider treat you in a way that is most uncouth and deny you what you are due or further inconvenience you, you are legible to receive financial compensation for your troubles. Seeking legal aid is advisable in situations like this as the process is quite complicated. If your claim can be proved that the insurance provider in question performed in bad faith either intentionally or maliciously, you (as the policyholder) are warranted better recompense than the initial investment.

There are many cases that could be deemed as a complaint of insurance bad faith. If your financial compensation was unreasonably delayed or were not given full coverage for unjustifiable reasons, you may be liable to pursue a case of insurance bad faith. Misrepresenting the insurance plan or withholding imperative information about the insurance plan in question are also possible reasons as to why you could file a case of this nature.

If you are looking to pursue justice for being made a victim of insurance bad faith, you will need to make sure that you are represented by a legal team that has experience and knowledge of cases of a similar nature. Ensure that you have the best help available so you can rest assured that those behind your hardship via insurance bad faith are held accountable.