how to dispute a car accident fault This is a topic that many people are looking for. g4site.com is a channel providing useful information about learning, life, digital marketing and online courses …. it will help you have an overview and solid multi-faceted knowledge . Today, g4site.com would like to introduce to you When should you accept partial fault for an auto accident. Following along are instructions in the video below:
You told by an insurance company that you were partially at fault for an accident accident and as a result they were reducing your recovery by 10 or 20 percent out this video to learn. When you should accept some fault for an accident hey barry here from the lawful channel. My legal practice and this youtube channel are all about giving away as much free legal information as possible so.
If you havent already please subscribe to our channel. And if i can help you in any way. Please feel free to reach out to me if i cant help you ill find someone who can comparative negligence is a term used by insurance companies to argue that their insured is not a hundred percent responsible for the accident.
Theres no secret why they do this state farm on their. Website says that they process 38000. Claims a day if they save just a thousand dollars per claim on all those 38000.
Claims. Thats thirty eight million dollars. Saved a day.
So it makes a lot of business sense for state farm or all state or geico to dispute at least part of the responsibility of an accident when they can now i have to be honest. Im a personal injury lawyer. So im not crazy about auto insurance companies and the idea of accepting a small amount even of responsibility for an accident does not settle well with me.
But there may be a time and place. And there has been in my practice. Where we have accepted some faults in an accident.
And theres two very good reasons why before i tell you why i just want to give you a slight background on comparative negligence now in my home state of illinois. What it means is that if you are 50 percent or less responsible for an accident you still can recover. But if youre over 50 percent.
You are barred from recovering thats different than some states like for example in california. If you are ninety percent at fault for the accident you can still recover for 10 of damages. Now contrast that to north carolina or virginia.
Which are whats called contributory negligence states in those states. If you are even one percent at fault for an accident you cannot recover so lets take an example in illinois or in a regular comparative negligence state youre involved in an accident your car has 10000 in damage allstate insurance. Tells you that you were 20 percent responsible for the accident.
So what happens very easily allstate will compensate you for the 80 percent that they were at fault or 8000. And youre gonna have to come up with the other two thousand dollars to repair your car and the same principle will apply when you try to recover for your pain and suffering or your medical bills lets say you have a hundred thousand dollar case and you were 20 percent at fault. You can recover a maximum of 80 thousand dollars.
Okay. So what are the two circumstances in which you may want to accept some fault for an accident. The ones that i normally see first of all involve property damage.
Lets say youre involved in an accident and allstate insurance. Tells you that your ten percent responsible for the accident. Youve got five or ten thousand dollars in damage to your vehicle.
The problem is is that if you want to fight them on that the only way to overcome that is to file a lawsuit well. Normally you dont want to file a lawsuit over that amount of money and it could take 12 or 18 months to resolve it so you may be in a position to afford a thousand dollar hit or whatever. It might be and you accept partial responsible for the accident.
Just so you can resolve your case. The second situation where in the past. Weve accepted a portion of fault for an accident is where a clients injuries are so severe that we know were gonna get the whole insurance policy anyways.
So for example. I represented a client who was involved in a motorcycle accident. And he was driving straight down a road and the car took a left hand turn in front of him.
And there was a t bone accident. Our client was speeding and that was on the police report. But only going five miles a per hour over the speed limit.
So. The insurance adjuster alleged that our client was 10 percent at fault for the accident. Okay normally wed fight that its a huge case.
But the adjuster also told us that there was only a hundred thousand dollar insurance policy and this guy had a million dollar case. We knew were going to get the insurance policy. No matter how much fault we accepted and as a result.
We accepted the 10 and ultimately. We settled the case for the policy limits anyways okay. Its time for your take on the law were you involved in an accident and the insurance.
Adjuster told. You you are partially at fault for the accident. What did you do tell us about it in the comments below hey thanks for checking out this video.
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