As a California driver, you no doubt go out of your way to ensure safe driving behaviors are a priority. Despite this, you may still be involved in an auto accident, and at some point fault will need to be determined. It can be helpful for motorists understand this process so that they have a better chance of proving another should be held responsible for the accident in question.
According to Esurance.com, making a determination when it comes to fault requires a number of factors. Most states utilize a fault-based system , which means that the driver who is found to be at fault will be covered by his or her liability policy. Conversely, in no-fault states any injuries incurred will be paid for by the individual driver’s insurance policy. However, property damage will still be assessed using the fault-based system
Of course, establishing fault is another matter altogether. This requires an understanding of the definition of fault in a given state, which can vary quite a bit. Comparative negligence is one possible option. In this case, the damages you are entitled to directly correlate with your degree of responsibility for the accident. There is also contributory negligence, where any percentage of fault renders the pursuit of damages moot. To this end, a driver must be completely blameless for the accident to seek compensation.
Evidence can play a huge role in establishing just who is at fault for an accident. This typically includes things like the police report, photos from the scene and eye witness testimony. The insurance company will then review the evidence gathered and make a determination from there.