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Car Accident Fault in 2024:
Simple Ways to Determine Who’s Responsible

There are 2 ways to prove who was at fault in a car accident. The 1st is to show that the other driver was negligent under common law. The 2nd is to prove statutory negligence, which means that the other party broke a vehicle code or another law.
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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.


What Happens if the At-Fault Party in an Accident Has No Car Insurance?

If a driver who does not have insurance causes an accident, they will be personally responsible for repaying the injured driver’s damages. The at-fault driver will also face legal penalties for driving without auto insurance. Jail time is a possibility if the at-fault driver caused the car accident with intent to harm or through willful violation of state laws.

Do Insurance Rates Go Up After a No-Fault Accident?

If you weren’t at fault for a car accident, your insurance company prohibits increasing your insurance rate. When setting rates, the insurer will review your driving history. However, said driving history will only list accidents where you were “principally at fault.” This means that if you didn't cause the accident, the insurance claim you submitted cannot be used by the insurance company when setting your rates.

How Long Does an Insurance Company Have to Determine Fault?

When a car accident occurs and a claim is filed, insurance companies for both parties review the facts, determine fault, and decide who has to pay for the damages. In most states, insurers have 40 days to complete the investigation process. In a case where the company needs more time, it must notify both parties every 30 days. Upon determining fault for the accident, the claim must be submitted within 30 days.

Related Article: Things Not to Tell to an Insurance Adjuster

How Often Do Insurance Companies Deny Claims?

Government data suggests that insurance companies typically deny between 10% and 20% of the claims they receive. Refusing payment has become a staple of many insurers' business models, in part because they know customers appeal less than 1% of denials.

Read Also: What Is Group Accident Insurance?

What is the Average Settlement for a Car Accident?

The value of a car accident settlement depends on the severity of the injury you suffer in a crash. Accident settlements involving injuries are usually greater than accidents that involve property damage. Those who are injured in auto accidents receive an average settlement of $30,000, but this figure may vary greatly depending on your injuries and damages.

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The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers focusing on plaintiffs' representation in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with such matters, you should contact Schmidt & Clark immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.