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How Is Fault Determined In A Queens Car Accident Case?

car accident lawyer East Elmhurst

How Is Fault Determined in a Queens Car Accident Case?

Determining fault is arguably the most important part of a car accident claim. Once fault is determined, all that’s left is calculating accurate and fair total damages figures for involved parties. Should you get into a car accident while driving through Queens, it’s likely one of the first questions on your mind after the accident will be: Who’s at fault? To know how fault is determined in a car accident claim, and for answers to frequently asked questions regarding car accident fault, read on. We provide most affordable car accident lawyer East Elmhurst services!

Call 1-800-HURT-511 to speak with our highly skilled and experienced car accident lawyers in East Elmhurst. They’ll be able to determine where fault lies in your case, and they’ll make sure you don’t bear responsibility for an accident you didn’t cause.


What Is a No-Fault Insurance State?

A no-fault insurance state is a state in which parties to a car accident don’t sue each other for damages following an accident. Instead, if you’re involved in a car accident in a no-fault insurance state, you’ll need to seek compensation for medical bills and other expenses associated with the car accident from your own car insurance provider.

How Is a No-Fault State Different Than an At-Fault State?

No-fault states are opposite at-fault states, and there are more at-fault states than no-fault states. At-fault sates follow the tort liability system. That is, if you get into a car accident in an at-fault state, and you caused it, then you’ll have to pay not only your own medical bills and related expenses but those of other involved parties as well.

Who’s at Fault When a Passenger, Bicyclist, or Pedestrian Gets Injured as a Result of a Car Accident?

If you’re traveling through Queens with a friend, and you’re the passenger in their vehicle, their insurance provider is the entity you’d file a claim with if you were to get into a car accident. Similarly, if you’re a pedestrian or a bicyclist, and you get hit by a motorist, then you’ll file a claim with that motorist’s insurance provider.

Which Is Better: A No-Fault State or an At-Fault State?

There are both upsides and downsides associated with both no-fault and at-fault states. These upsides and downsides are laid out below:

No-Fault State Pros:

  • As a driver in a no-fault state, you’d have personal injury protection (PIP) coverage, and this is what you’d use to pay medical bills and expenses related to property damage.
  • If you get into a car accident in a no-fault state, you don’t have to worry about paying an exuberant amount in damages to another party.

No-Fault State Cons:

  • Following a car accident, you’ll have to pay higher premiums and a deductible in a no-fault state, even if the accident wasn’t caused by you.
  • Car accident victims who are looking to receive a hefty award following a car accident will not be able to do so in no-fault states.

At-Fault State Pros:

  • In at-fault states, drivers only need liability insurance.
  • Should you get into a car accident in an at-fault state, you won’t have to file a claim with your insurance provider, so you’ll avoid paying a deductible and higher premiums.

At-Fault State Cons:

  • Should you cause a car accident in an at-fault state, liability insurance won’t cover your expenses.
  • Liability insurance in at-fault states tends to be expensive, as a considerable amount of coverage is required.
  • In at-fault states, lawsuits aren’t limited, which means you could pay an exorbitant amount in damages following a car accident.

What Happens When Parties to an Accident Share Fault?

In no-fault states, when parties to a car accident both both fault for causing the accident, each party will be compensated in accordance with how much fault they bear. For example, if the total damages figure for the accident is $100,000—and you bear 75% responsibility for the crash while the person you hit bears 25% fault—you’ll be compensated $25,000 whereas they’ll be compensated $75,000. Determining fault in cases where multiple parties share responsibility is often complex, and this is one reason why accident victims in such cases hire professional legal representation.

Who Determines Where Fault Is Placed?

Following a car accident, the insurance providers of the parties to the accident will begin to sort out where fault lies. However, the insurance providers’ final determination is not final. You can contest your insurance provider’s determination, and doing so will send the claim to court. Once a claim gets to this point, it’ll be up to a judge and jury to decide once and for all where fault lies in the case.

Can Drivers Sue Each Other in No-Fault States?

Even though they’re called no-fault insurance states, fault is still relevant in car accident claims for a variety of reasons. For example, certain injuries may grant you the right to sue other involved parties, especially if it’s found that other parties bear most of the fault for the accident.

How Will a Car Accident Lawyer Determine Where Fault for an Accident Lies?

A car accident lawyer will determine where fault lies in a case by utilizing most of the methods the insurance providers use to determine fault. At some point during your initial consultation with a car accident lawyer, it’s likely they’ll be able to get an idea of where fault lies in your case; all you’ll need to do is provide certain crucial pieces of information. Once the lawyer has a clear idea of where fault lies, they’ll be able to tell you whether or not pursuing a claim is worth it.

Even though car accident lawyers and insurance companies follow some of the same processes to determine fault, conflicting incentives will often lead a car accident lawyer and an insurance provider to disagree over where fault lies in a case. An insurance provider may determine fault inaccurately to save itself from a big payout. A car accident lawyer, on the other hand, will work for you and you alone to determine precisely how much fault, if any, you bear, and they’ll seek a total damages amount that reflects this.

Is Getting Legal Assistance From a Car Accident Lawyer Worth It?

Of course! A car accident lawyer will handle all the tedious and headache-inducing processes associated with filing a car accident claim for you, and they’ll do so chiefly so you can focus on recovery. They’ll also negotiate with your insurance provider to reach a fair settlement. And should your claim go to court, they’ll be able to persuade a judge and jury to rule in your favor. Plus, there’s no upfront cost when you hire a car accident lawyer, so if you lose your claim, you won’t have to worry about paying the lawyer.

Our car accident lawyers in East Elmhurst would love to hear from you if you’ve recently been injured in a car accident. Helping car accident victims seek damages is what we do best!

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