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How the Rules of Insurance May Affect Your Car Accident Claim When it is time to file an accident claim the rules of insurance play a major part in the outcome Certain cases are straightforward while others are more complex The rules of fault and contributory negligence may also affect your claim Knowing the rules and the specifics of your states insurance laws can help you determine which party to blame Nofault state Its a good idea get a lawyers help if you are involved in an accident Lawyers for car accidents can help you determine if youre in the right position Many of them are available for no cost consultation which means you dont need to pay anything to benefit from their services You may need to prove the other driver is at fault for an accident when you file a nofault claim for a car accident You cannot rely on anecdotal evidence to establish the fault which is why youll need to submit the official police report Your state of no fault may not be able to cover medical expenses that are covered by PIP If your vehicle is damaged by the accident no fault insurance may help you pay medical expenses You might not be able sue the other driver for repairs to your vehicle but you can still collect compensation for other expenses related to the incident PIP insurance may be required depending on the states auto insurance laws in order to receive reimbursement for the expenses The nofault insurance policy for your car will cover the majority of your expenses It is contingent on the state in which you reside PIP might cover different costs however generally it covers the majority of injuriesrelated costs It does not pay for emotional stress or even inconvenience wwwyoutubecom doesnt cover cost of replacing your vehicle Comparative fault state A New York car accident case will be determined according to the states comparative blame statute This law differs from other states with contributory fault laws It simply states that the driver responsible for an accident should share the responsibility with the other driver For instance a truck driver who was speeding may be held partially responsible for the accident even though they were not at fault for not stopping at a red light If both drivers were at fault in a car accident the victim may pursue a lawsuit against other driver This allows them to seek financial as well as noneconomic damages from the other driver The percentage of fault determined by the states comparative fault laws could limit the amount that the person who was injured can receive To avoid this it is important to contact your insurance company immediately after the incident and submit a claim A modified version of the comparative blame system has been implemented in a few states This system apportions fault in proportions and limits the amount the injured party can collect based on the level of negligence Certain states have a limit on the amount of negligence at 50 while others have limits of 51 Pure comparative fault is a type of error in comparatives that is not part of the modified comparative system In this case the insurer pays for medical expenses This is often a difficult system to navigate so it is best to seek advice of a lawyer who is experienced to ensure that your payment is fair Contributory negligence state In Virginia the contributory negligence state applies when a driver is partly responsible for an accident For instance when a driver drives through on a red light and hits an automobile that was running a green light and the other driver was at fault the latter driver is not able to recover damages for the accident because of their own negligence The injured person must prove that the other driver was only 1 percent at fault A personal injury lawyer can assist you in navigating the Virginia laws governing contributory negligence A personal injury case requires evidence This can assist you obtain an equitable settlement In addition you have to show that the incident occurred because of the negligence of the defendant If the defendant can prove that the plaintiff did not act sensibly under the circumstances of the accident the court may rule that the plaintiff is partially at fault This is called the reasonable person standard If youre found partially at fault you may appeal the courts decision Car accident victims could face serious consequences if theyre the victim of negligence that is contributory Its difficult to prove that the other driver was at least partially responsible You may still be able to claim damages in the event that the other driver contributed to the accident You should file a claim for car accident damages as soon as you can and at least within 24 hours Contributory negligence is a legal concept that prohibits you from recovering damages if you are at least partially in the fault This doctrine prevents you from being able to claim damages for minor errors like failing to stop at the stop sign However this is a far away from more serious cases such as texting while driving Whatever the reason an attorney in a car accident can help you navigate the laws of contributory negligence and how they could affect your car accident claim Documentation requirements Documentation is an essential component of a claim for an auto accident Photographs and other physical evidence may be helpful in proving your case and can assist your lawyer and insurance adjuster understand the extent of the damage caused by the collision Photos should show the location of the collision as well as any injuries sustained Photos taken by emergency responders or tow truck drivers are also useful You may also have taken yourself photos of the scene of the accident These photographs can be valuable evidence to support your claim because they can reveal the extent of your injuries and the damage caused by the accident If you can record crucial information about the accident scene such as speed and road conditions as well as statements made overheard Remember that even the smallest details can make a difference in the outcome of an accident claim Pens notebooks or notepad are good tools These are great for recording specifics as well as any traffic lights or signs you may have seen The police report is an essential part of your claim since it provides important information about the incident Your attorney may be able help you recover the medical expenses You may also be able recover your income loss if you missed work If you do make sure you have a thorough proof of that loss of income To ensure you clearly demonstrate the extent of your financial loss keep track of all direct deposit records paychecks and tip records Keep your track of all medical bills and records Your attorney will require these documents to prove that youve missed work due to injuries You can also gather wage slips and other evidence of employment This information can help the attorney make a stronger argument for you
