Top Factors Insurance Companies Consider When Determining Liability In Auto Accidents

Motor vehicle accidents account for the number two cause of injury-related emergency room visits. Each year approximately 2.7 million Americans seek emergency medical care for an auto related injury. The cost associated to each visit averages at about $5,000 per patient. If you or a loved was injured in a car accident, you may be entitled to compensation if you can prove the other party was at fault.

While proving liability in an auto accident can be difficult, determining fault is the most crucial step toward obtaining compensation from an insurance company for your damages. An insurance company will offer relevant compensation to a policy holder, depending on whom is responsible for the accident. Each state has its own specific regulations to determine liability in car accidents and sometimes, local, state and federal regulations are at play.

Insurance Companies’ Investigation Process

When it comes to dealing with insurance companies and car accidents, insurance companies have their own procedure to determine the fault of an accident. Once a car insurance claim is made, a policy holder then must undergo a waiting period in order to provide insurance companies time to perform an investigation. During such investigation, insurance companies hire claim adjusters, whose primary purpose is to determine which party was negligent. Negligence generally requires that the following elements be present: (1) a duty, (2) a breach, (3) causation and (4) damages. Once the claim adjuster determines that these factors were present (or were not present), they then determine the percentage of fault for each party involved in the auto accident.

Factors in Determining Liability in an Auto Accident

In making such determination of liability, insurance companies often weigh whether or not the following 10 factors were present during the accident:

• Weather conditions
• Location of the car
• Mechanical condition of the car
• Loss of control of the car
• If both or all vehicles were moving in the same direction
• Speed of each car (and if the drivers were driving within the speed limit)
• Distractions, such as texting and driving
• Stopping and/or yielding at red lights, stop signs or when appropriate
• The police report
• If a driver was given a ticket by the police

The claim adjusters weigh in the above factors to determine car accident fault, and the insurance company then applies the percentage of car insurance policy claim.

Safe driving is the key to avoid unwanted car accidents and to prevent harm. However, auto accidents are common and if your personal injury attorney can prove that the other driver engaged in some or all of the factors described above, you may be entitled to compensation. Hiring an experienced attorney to help you obtain the full compensation that you deserve by determining that the other auto driver was liable according to common insurance principals.

Call Us Today!

If you or a loved one was involved in a car accident that was caused by the actions of another party, you need to hire an experienced attorney to handle your claim. For more information to schedule a free consultation with the Law Offices of Samer Habbas, please call us at 1-800-848-5048 to schedule a free consultation with our legal team today.